Amazon Gets Rehearing of Marketplace Sale Liability Case (1)

Amazon.com Inc. succeeded Aug. 23 in getting the full Third Circuit to consider whether the company is a product “seller” that can be held liable under state law for sales on its marketplace.

The court was the first federal appeals court to find Amazon subject to liability as the seller of an item offered by a third party July 3, when a divided three-judge panel ruled in favor of an injured Pennsylvania woman.

Also at issue is whether federal law immunizes the web platform provider from suit.

The Sixth and Eleventh circuits have also addressed Amazon’s potential liability for products ...