Product Liability & Toxics Law

Amazon Opposes Texas Top Court Deciding Its ‘Seller’ Liability

June 25, 2020, 8:34 PM

The Texas Supreme Court shouldn’t be asked to join two other state top courts in weighing whether Amazon.com Inc. is a “seller” subject to state product liability law, the company says.

A consumer-oriented law firm, Public Justice PC, raised the possibility that the Fifth Circuit may want the Texas justices’ input in a recent friend-of-the-court brief supporting Morgan McMillan, whose young daughter allegedly swallowed a battery contained in a remote control sold on Amazon’s web marketplace.

Public Justice, echoing McMillan’s positions in its brief filed earlier this month, set forth legal and policy reasons for why Amazon should face seller...

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