Tag Archives: Amazon-eBay

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Amazon Loses (Again) . . . New York Court Rules That Amazon Can Be Liable for Defective Product


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New York has joined a growing number of jurisdictions ruling that Amazon can be liable for defective products sold by third-party sellers on its website. The rationale for New York’s recent ruling is based upon Amazon’s level of control over the sale of the product. There are three ways which products are sold on Amazon: (1) Amazon sells, processes and ships the product; (2) a third-party sells, processes and ships the product (i.e., Amazon does not take possession of the product); and (3) a third-party sells the product and Amazon “fulfills” the order by storing, processing and shipping the product through its “Fulfillment by Amazon” (FBA) logistical program. The FBA program has been the lynchpin in many of the recent decisions decided against Amazon, including a recent New York case. Under the FBA, the sellers store their inventory at Amazon’s warehouse until the product is purchased, at which time Amazon retrieves the product from its warehouse shelf, packages it, and ships it to the consumer. Accordingly, Amazon has significant control over products “fulfilled” through the FBA. Continue reading

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Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific Jurisdiction


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In Allied Ins. Co. of Am. v. Jpauljones L.P. & Tek Elec. Co., 1:19-CV-00237-SNLJ, 2020 U.S. Dist LEXIS 179225, the United States District Court for the Eastern District of Missouri considered whether defendant Jpauljones, L.P. (JPJ) was subject to specific personal jurisdiction in Missouri because its website sold products to Missouri residents. The court held that the defendant’s nationwide retail website, with no particular focus or target on Missouri, does not in itself subject the defendant to specific jurisdiction in Missouri. This case further narrows the reach of specific jurisdiction based solely on the defendant’s direct internet-based sales into the forum. Continue reading

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California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product


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The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020 Cal. App. LEXIS 761. The decision in Bolger comes just two months after the United States District Court for the Southern District of Texas reached the same ruling under Texas law in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025 Continue reading

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Texas Federal Court Rules Amazon Can Be Sued for Defective Product


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Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a “seller” under Texas’ product liability statute for injuries caused by a defective product sold by a third-party vendor on its website. Although the court’s analysis is based on Texas law, the decision puts one more crack in Amazon’s armor. Continue reading

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