Bloomberg Law
Dec. 2, 2020, 11:53 AM

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

Martina Barash
Martina Barash
Reporter 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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