The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the Southern District of Texas in McMillian v. Amazon.com, 433 F.Supp.3d...more
This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more
12/19/2019
/ Amazon Marketplace ,
Appeals ,
Breach of Warranty ,
Business Litigation ,
Damages ,
Direct to Consumer Sales ,
Distributors ,
E-Commerce ,
Internet Retailers ,
Motion to Dismiss ,
Negligence ,
Retail Market ,
Retailers ,
Sales & Distribution Agreements ,
Strict Liability ,
Subrogation ,
Summary Judgment ,
Third-Party Relationships
Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors. Recently, a U.S. Court of Appeals held for the first time that Amazon was a...more
In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its...more
7/9/2019
/ Amazon ,
Amazon Marketplace ,
Appeals ,
Business Model ,
Communications Decency Act ,
Multi-Factor Test ,
Product Defects ,
Restatement of Torts ,
Strict Liability ,
Third-Party ,
Vendors
Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...more