After Texas’ high court said Amazon isn’t a “seller” under Texas law, it took only four days for the U.S. Court of Appeals for the Fifth Circuit to order the dismissal of a family’s lawsuit over a remote-control battery that their toddler swallowed.

The Fifth Circuit on Tuesday remanded the case, McMillan v. Amazon.com, and ordered a federal district court to grant Amazon’s summary judgment motion. When asked the same question, a federal trial court in New Jersey ruled the same way as the Fifth Circuit, but a state appellate court in California took the opposite approach—it allowed a plaintiff to sue Amazon for a third-party product.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]