McMillan v. Amazon.com, Inc.

U.S. Court of Appeals for the Fifth Circuit

Tab Group

Merits Stage

Fifth Circuit reverses and directs entry of judgment for Amazon

June 30, 2021

Click here to view the opinion. The Fifth Circuit previously certified to the Texas Supreme Court the question whether Amazon is liable as a “seller” of goods sold by third parties in the Amazon marketplace, and relied on the Texas Supreme Court’s recent resolution of that question. The U.S. Chamber filed amicus briefs in both courts and participated in oral argument in the Texas Supreme Court.

Fifth Circuit certifies question to the Supreme Court of Texas, asking whether Texas products-liability law would hold a company strictly liable where that company’s website facilitates sales among third parties

December 18, 2020

Click here to view the opinion.

U.S. Chamber files amicus brief urging Fifth Circuit to reverse district court ruling that erroneously expanded strict liability to online marketplaces under Texas law

May 11, 2020

Click here to view the U.S. Chamber’s amicus brief. Scott A. Keller and Jeremy Evan Maltz of Baker Botts LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Previously, the U.S. Chamber filed an amicus brief supporting Amazon.com’s petition for permission to appeal.

Case Documents

U.S. Chamber Amicus Brief -- McMillan v. Amazon.com, Inc. (Fifth Circuit).pdf

Opinion, 12.18.20 -- McMillan v. Amazon.com, Inc. (Fifth Circuit).pdf

Opinion, 6.29.21 -- McMillan v. Amazon.com, Inc. (Fifth Circuit).pdf