Online Marketplaces: Continuing Product Liability, CDA Issues

Law360 (July 10, 2019, 5:06 PM EDT) -- The debate continues as to whether online marketplaces can incur liability for products manufactured or sold by third parties. Since we last surveyed the law,[1] two federal circuit courts have handed down decisions. Both considered whether online marketplaces were immune to suit by virtue of the Communications Decency Act of 1996.

First, the continuing debate.

In Erie Insurance Company v. Inc., the U.S. Court of Appeals for the Fourth Circuit recently analyzed Maryland law. The court addressed the core issue head on, noting “the main issue before us is whether [Amazon] is subject to liability for a defective product that...

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