The Texas Supreme Court is about to hear the argument in a closely-watched case that will determine whether Amazon is liable under Texas law for injuries caused by defective products that were fulfilled by Amazon. CaseyGerry partner Jeremy Robinson, who was instrumental in the Bolger appellate win in California on the same issue, is the primary author of an amicus brief filed in the Texas case, McMillan v. Amazon, submitted by public interest organizations Public Justice and Texas Watch. The brief can be downloaded here.
McMillan involves serious injuries to a young child who ingested batteries from a defective remote purchased on Amazon.com. Initially, a Texas-based federal judge denied Amazon’s request for summary judgment based on Amazon’s claim it was not the seller of the battery. Amazon appealed to the Fifth Circuit Court of Appeals. Finding Texas law on the issue not entirely clear, the Fifth Circuit certified the question of Amazon’s liability to the Texas Supreme Court, which accepted the certified question. The case is fully briefed before the Texas Supreme Court and oral argument is scheduled for Thursday, March 25, 2021.
Robinson, along with Public Justice and Texas Watch, argued Amazon is liable both as a matter of Texas law and public policy. The Texas high court’s decision will be a key holding in the ongoing fight to hold Amazon liable for the defective and dangerous products it sells.