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McMILLAN v. AMAZON.COM, INCORPORATED

No. 20-20108.

2 F.4th 525 (2021)

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 June 29, 2021.

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

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 Amicus Curiae Public Justice, P.C.

Before Wiener, Costa, and Willett, Circuit Judges.

This interlocutory appeal presents a single, narrow question: May Amazon be held liable as a "seller" under Texas products-liability law for third-party products sold on Amazon's website and handled through Amazon's Fulfillment by Amazon program? We certified this question to the Supreme Court of Texas "[g]iven the...

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