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NICOSIA v. AMAZON.COM, INC.

Docket No. 15-423-cv August Term 2015.

834 F.3d 220 (2016)

Dean NICOSIA, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. AMAZON.COM, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 25, 2016.

Attorney(s) appearing for the Case

JOSEPH SETH TUSA , Tusa P.C., Southold, New York, Peter D. St. Phillip, Jr. , Scott V. Papp , Lowey Dannenberg Cohen & Hart, P.C., White Plains, New York, Timothy G. Blood , Paula M. Roach , Blood Hurst & O'Reardon, LLP, San Diego, California, and Gregory S. Duncan, Esq. , Charlottesville, Virginia, for Plaintiff-Appellant.

GREGORY T. PARKS , Ezra D. Church , Morgan Lewis & Bockius LLP, Philadelphia, Pennsylvania, and Regina Schaffer-Goldman , Mary Claire Dekar , Morgan Lewis & Bockius LLP, New York, New York, for Defendant-Appellee.

Before: Sack, Chin, and Lohier, Circuit Judges.

In 2013, plaintiff-appellant Dean Nicosia purchased 1 Day Diet, a weight loss product containing sibutramine, a controlled substance that had been removed from the market in October 2010, on the website of defendant-appellee Amazon.com, Inc. ("Amazon"). Nicosia brought this action below, asserting claims under the Consumer...

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