Online Retailers and Defective Products: Do Recent Court Decisions Signal a Trend Toward Strict Liability?
Featuring:
Victor E. Schwartz, Shook, Hardy & Bacon L.L.P.
Jeremy K. Robinson, CaseyGerry
Lee Mickus, Evans Fears & Schuttert LLP
Description:
Judicial decisions on the responsibility of online platforms for third parties’ sales of defective goods reflect the varied, state-centric nature of product-liability law. Outcomes have hinged on differing conceptions of who is a “seller,” how products enter the “stream of commerce,” and what constitutes “control,” among other traditional liability factors. Our trio of practitioners, which includes skilled plaintiff- and defense-side counsel, will assess the latest court rulings, identify emerging trends, and debate whether a consistent body of law is developing.
Panelists
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Jeremy is a Partner with Casey Gerry in the firm’s San Diego, CA office. Jeremy has been a thought leader in the California legal community for many years. Most recently, he secured a precedent-setting decision against Amazon in a California Court of Appeal, Bolger v. Amazon.com. Jeremy also helped co-author with national advocacy group Public Justice amicus briefs in two other key appeals involving Amazon, Oberdorf v. Amazon.com Inc. in the Third Circuit and McMillan v. Amazon.com, Inc. in the Fifth Circuit. He is Chair of Casey Gerry’s Motion and Appellate Practice.
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Lee is a Partner in the Denver, CO office of Evans Fears & Schuttert LLP. He defends manufacturers and other business interests nationally in product liability and tort lawsuits. He has successfully tried cases to juries in jurisdictions across the country. Lee works with a wide range of products and industries, including automobiles, pharmaceuticals, medical devices, and recreational equipment. He has given presentations and submitted comments to the Advisory Committee on Civil Rules and has testified before several state legislatures on bills affecting a wide range of civil justice issues.
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Victor is the former co-chair of the Public Policy Practice Group. Prior to entering the fulltime practice of law, Victor was a professor and dean at the University of Cincinnati College of Law. He is a co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). A lifetime member of the American Law Institute, Victor was an advisor for each of the ALI’s Restatement (Third) of Torts projects.
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