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ERIE INS. CO. v. AMAZON.COM, INC.

No. 18-1198.

925 F.3d 135 (2019)

ERIE INSURANCE COMPANY, a/s/o Minh Nguyen and Anh Nguyen, Plaintiff-Appellant, v. AMAZON.COM, INC., Defendant-Appellee, and Ebay, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 22, 2019.

Attorney(s) appearing for the Case

ARGUED: John Kerry Weston , SACKS WESTON DIAMOND, LLC, Philadelphia, Pennsylvania, for Appellant. William Brendan Murphy , PERKINS COIE LLP, Seattle, Washington, for Appellee. ON BRIEF: Jesse M. Cohen , SACKS WESTON DIAMOND, LLC, Philadelphia, Pennsylvania, for Appellant. Eric D. Miller , Laura Hill , PERKINS COIE LLP, Seattle, Washington, for Appellee.

Affirmed in part and reversed in part by published opinion. Judge Niemeyer wrote the opinion, in which Judge Gregory and Judge Motz joined. Judge Motz wrote a concurring opinion.

The main issue before us is whether Amazon.com, Inc., is subject to liability for a defective product that a customer purchased on its website from a third-party seller with Amazon "fulfilling" the transaction by storing the product and shipping it to the customer.

Trung Cao of Montgomery County, Maryland, purchased...

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