Amazon.com Incorporated v. Morgan McMillan, Individually and as Next of Friend of E.G., a Minor

Summary

In this dissenting opinion, Justice Boyd, joined by Justice Devine, would have held that Amazon.com qualifies as a “seller” under the Texas Products Liability Act when it controls the transaction and delivery of a third-party product through its Fulfillment by Amazon program. The dissent emphasizes the statutory definition of “seller” and concludes that the definition does not require Amazon to hold title to the product.

Holdings

1. In the dissent's view, Amazon.com is a seller under section 82.001(3) because it physically conveys or transfers the product within the sales process and controls the transaction and delivery, regardless of whether it ever holds title. The majority held otherwise.

Questions Presented

1. Whether Amazon.com is a seller under Texas Civil Practice and Remedies Code section 82.001(3) when it does not hold title to a product but controls the transaction and delivery through its Fulfillment by Amazon program.
2. Whether the statutory phrase "distributing or otherwise placing" a product in the stream of commerce requires the defendant to hold title to the product.

Disposition

other