Fifth Circuit Fingers Win to Amazon in Third-Occasion Merchandise Legal responsibility Dispute

A remote control with a button battery. Photo: jeab05/

After the Texas Supreme Court said Amazon was not a "seller" under Texas law, it was only four days before the U.S. Fifth District Court of Appeals ordered the dismissal of a family's lawsuit over a remote control battery that their toddler swallowed.

The Fifth Circuit referred the McMillan case against on Tuesday, ordering a federal district court to allow Amazon's motion for a summary judgment. On the same question, a federal court in New Jersey ruled the same as the Fifth Circuit, but a state appeals court in California did the opposite – allowing a plaintiff to sue Amazon over a third-party product.


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