Amazon Set to Deny Texas ‘Seller’ Injury Liability at 5th Cir.

December 2, 2020, 11:53 AM UTC

Amazon.com Inc. will undertake perhaps its last big argument for the foreseeable future on its liability for “marketplace” sales of defective products when it faces a panel of the Fifth Circuit on Thursday in a Texas child’s injury case.

The company wants the appeals court to overturn a lower court ruling that allows Morgan McMillan to proceed with claims on behalf of herself and her daughter, who allegedly ingested a remote-control battery as a toddler. The remote’s China-based maker didn’t even try to comply with industry standards, McMillan alleged.

Third-party merchant Hu Xi Jie, who did business as USA Shopping, ...

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