CaseyGerry Pursues Appeal in Case Against Online Retailer for Defective Products
SAN DIEGO – CaseyGerry partners Jeremy Robinson and Thomas Luneau and associate Jillian Hayes are taking on retail titan Amazon.com in a closely-watched appeal. The case will potentially decide the scope of Amazon’s liability on defective products sold through its “marketplace,” i.e., products that are not Amazon branded products and are supplied by third parties. This is a cutting-edge area of law that has generated a lot of media and a question of first impression in the California appellate courts.
The appeal, Bolger v. Amazon, Case No. D075738, pending in Division One of the Fourth Appellate District, involves terrible burn injuries caused by an exploding battery purchased through Amazon. The case has attracted amicus briefs from high-profile organizations on both sides, which is unusual at the state appellate level. The Consumer Attorneys of California and Public Justice, both consumer advocacy groups, submitted a joint amicus brief supporting the plaintiff and the United States Chamber of Commerce submitted an amicus brief supporting Amazon.
“I think this will signal to the court this is a very important matter,” said Robinson. “This is the future of product liability law.” Robinson, who is the principal CaseyGerry attorney involved at the appellate level, also co-drafted an amicus brief submitted in the Third Circuit case, Oberdorf v. Amazon. That case, seeking to hold Amazon liable for a dog collar that blinded the plaintiff, has been briefed and argued to the Third Circuit sitting en banc.
CaseyGerry is happy to provide the briefing or discuss any of the issues further.
About CaseyGerry
Headquartered at 110 Laurel St. in the Banker’s Hill neighborhood of San Diego, CaseyGerry was established in 1947 and is the oldest plaintiffs’ law firm in San Diego. The firm’s attorneys practice in numerous areas, including serious personal injury, automobile, maritime, trucking, aviation, product liability, sexual abuse, and class actions. For more information, visit www.caseygerry.com.
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