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McMILLAN v. AMAZON.COM, INC.

No. 20-20108.

983 F.3d 194 (2020)

Morgan McMILLAN, individually and as next friend of E.G., a minor child, Plaintiff-Appellee, v. AMAZON.COM, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed December 18, 2020.

Attorney(s) appearing for the Case

Jeffrey M. Meyerson , Meyerson Law Firm, P.C., Austin, TX, for Plaintiff-Appellee.

William Brendan Murphy , Perkins Coie, L.L.P., Seattle, WA, for Defendant-Appellant.

Scott A. Keller , Baker Botts, L.L.P., Daryl Langdon Joseffer, Esq. , Michael Benjamin Schon , U.S. Chamber Litigation Center, Washington, DC, Jeremy Evan Maltz , Baker Botts, L.L.P., Washington, DC, for Chamber of Commerce of the United States of America Amicus Curiae.

Leah Marie Nicholls , Public Justice, P.C., Washington, DC, Evan J. Ballan , Lieff, Cabraser, Heimann & Bernstein, L.L.P., San Francisco, CA, Jeremy Robinson , Casey, Gerry, Reed & Schenk, San Diego, CA for Public Justice, P.C. Amicus Curiae.

Before Wiener, Costa, and Willett, Circuit Judges.

When Amazon allows third parties to sell products on its website, is Amazon "placing" products into the stream of commerce or merely "facilitating" the stream? If the former, then Amazon is a "seller" under Texas products-liability law and potentially liable for injuries caused by unsafe products sold on its website...

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