News & Analysis as of

Third-Party Amazon

Mintz

Game Changer: Amazon.com is Legally Responsible for Third-Party Seller Recalls (For Now)

Mintz on

On July 30, 2024, the Consumer Product Safety Commission (CPSC) issued a Decision and Order against Amazon, finding that Amazon is a "distributor" of third-party products, as defined by the Consumer Product Safety Act (CPSA),...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

Holland & Knight LLP on

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Snell & Wilmer

CPSC Rules Amazon Responsible Under Federal Safety Law for Hazardous Products Sold by Third-Party Sellers on Amazon.com

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Today, the Consumer Product Safety Commission (CPSC) issued an Order against Amazon.com, Inc.. determining that Amazon was a “distributor” of products that are defective or fail to meet federal consumer product safety...more

White and Williams LLP

Amazon Can be Liable in Louisiana

In June 2024, the Supreme Court of Louisiana held that: (1) Amazon can be considered a “seller” of defective products sold by third parties on its website; and (2) Amazon can be liable under a theory of negligent undertaking...more

White and Williams LLP

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails

In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking...more

BakerHostetler

Federal Circuit Addresses Personal Jurisdiction and Amazon’s Patent Dispute Procedure: What to Know Going Forward

BakerHostetler on

On May 2, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in SnapRays, d/b/a SnapPower v. Lighting Defense Group, discussing personal jurisdiction and – for the first time –...more

Kohrman Jackson & Krantz LLP

FTC Sues Amazon Over Its Monopoly Power

The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal...more

Wiley Rein LLP

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

Wiley Rein LLP on

On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Proskauer - Minding Your Business

Amazon’s Most Favored Nations Policies Scrutinized Under Sherman Act

Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The...more

Kohrman Jackson & Krantz LLP

“Store Brands” in the Internet Age: What Amazon’s Private Label Brand Means for Third-Party Sellers

Since the launch of its AmazonBasics brand in 2009, Amazon has been growing its private label business from common staple goods like discount batteries to a full-fledged suite of more than 100 private label brands. As its...more

Faegre Drinker Biddle & Reath LLP

District of New Jersey Finds Amazon to be “Seller” of Hoverboard under NJ Product Liability Act

The District of New Jersey has held that Amazon may be sued under New Jersey law for defective products sold by third-party sellers through its online marketplace. The dispute in New Jersey Manufacturers Insurance Group...more

White and Williams LLP

Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

White and Williams LLP on

On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc....more

Tarter Krinsky & Drogin LLP

Part 2: The Key Steps for an Asset Purchase Transaction of an Amazon FBA Business

FBA business owners who have decided to enter into asset purchase agreements with a buyer, as outlined in Part 1 of our series, should understand the various levels of an asset purchase transaction and what will be needed in...more

White and Williams LLP

Title or Possession Required . . . Louisiana Court Rules That Amazon Is Not Liable for a Defective Product

White and Williams LLP on

Courts continue to disagree as to whether Amazon is liable for defective products sold by third parties on its website. Amazon does not neatly fit into the traditional definition of “seller” in products liability law, which...more

Faegre Drinker Biddle & Reath LLP

Amazon Notches Another Win on Personal Injury Liability Relating to Third-Party Seller Products

For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more

Harris Beach PLLC

Amazon Wins E-Bike Appeal: A Big Victory for E-Commerce

Harris Beach PLLC on

New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more

Greenbaum, Rowe, Smith & Davis LLP

Is Amazon Liable For Third-Party Sellers’ Products? To Date, The Answer For E-Commerce Retailers May Depend On Where They Are

Online transactions on Amazon now account for over 50% of U.S. e-commerce. The company, already a massive corporation with enormous market share prior to the COVID-19 pandemic and the related rise in online shopping, saw its...more

Faegre Drinker Biddle & Reath LLP

Strike Two for Amazon in the California Court of Appeal

A California Court of Appeal has held that Amazon may be strictly liable for injuries to customers who bought products from third-party sellers offered on Amazon’s website.  (See discussion of Bolger decision...) In Kisha...more

Smith Gambrell Russell

Supporting Liability for Online Marketplaces that Allow Third-Party Sellers to Offer Defective and or Counterfeit Products.

Smith Gambrell Russell on

With many consumers turning to more shopping online, what liability do online marketplaces face when a product is sold to a consumer by a third-party seller that is defective or counterfeit? Often, none. Online...more

Dickinson Wright

Loomis v. Amazon: Strict Products Liability in the World of E-Commerce

Dickinson Wright on

On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred...more

White and Williams LLP

Amazon Can Be Held Strictly Liable For Hoverboard Sale

Whether Amazon can be held strictly liable for products sold by third parties through its website is a question courts often face. In Loomis v. Amazon.com, LLC, No. 297995, 2021 Cal. App. LEXIS 347 (Apr. 26, 2021), the Court...more

King & Spalding

Federal Court Determines Amazon Is Not a “Seller” Of Third-Party Marketplace Products Under Illinois Law

King & Spalding on

On March 9, 2021, the Northern District of Illinois ruled in favor of Amazon.com, Inc. (“Amazon”) on claims stemming from a house fire that was allegedly caused by defective hoverboards sold by two third-party sellers via...more

Parker Poe Adams & Bernstein LLP

Amicus Brief filed for Council On State Taxation in South Carolina Amazon Dispute

On December 9, Kay Miller Hobart and Madison Felder filed an amicus brief on behalf of the Council On State Taxation (COST) and its more than 500 members in the closely watched case of Amazon Services, LLC v. South Carolina...more

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more

Proskauer - Minding Your Business

The (Potentially) Shifting Landscape of Online Marketplace Liability

Consumers are doing more and more shopping online. But when a consumer buys a product that is defective or counterfeit, are online marketplaces liable for misconduct by third-party sellers? E-commerce platforms have...more

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