Product Liability & Toxics Law News

Amazon Suit Over Withdrawn Diet Supplement Revived

Aug. 25, 2016, 8:46 PM

Amazon.com will have to face, for now, a would-be class suit alleging it sold a weight loss supplement containing a stimulant that had been pulled from the market (Nicosia v. Amazon.com, Inc., 2d Cir., 15-423, 8/25/16).

The U.S. Court of Appeals for the Second Circuit Aug. 25 revived Dean Nicosia’s suit, reversing a trial court’s ruling that he was bound by a mandatory arbitration provision and so couldn’t pursue his claims in court.

“This opinion is a significant one in correcting the unfairness of forced arbitration clauses,” plaintiffs’ attorney Tim Blood of Blood Hurst & O’Reardon, LLP...

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