Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
Day Pitney attorneys James Rotondo and Andrew Ammirati co-authored an Expert Analysis article, "May Amazon be held liable in strict products liability?," for Westlaw Today. The articles discusses state laws imposing strict liability on "product sellers" developed by courts and legislators long before internet sales were commonplace, and how Amazon's platform for third-party sellers does not fit neatly into the model of manufacturer, distributor or retailer, the only structures contemplated at the time these laws were developed.
They discuss the case Bolger v. Amazon.com, LLC, No.D075738, 2020 WL 4692387 (Cal. Ct. App. Aug 13, 2020). The decision by the California Court of Appeal, Fourth District, Division 1, provides the most comprehensive rationale to date for imposing strict liability on Amazon for third-party sellers' defective products. The court reasoned that Amazon was an integral part of the overall marketing enterprise for a consumer product, and therefore, should bear the cost of injuries resulting from product defects.
Rotondo and Ammirati also discuss State Farm Fire & Cas. Co. v. Amazon.com, Inc., 390 F. Supp. 3d 964 (W.D. Wis. 2019), where the federal district court, interpreting Wisconsin law, also held that Amazon could be held liable for strict liability in connection with the sale of a defective bathtub faucet adapter that malfunctioned and caused extensive property damage.
Read the full article here.
Day Pitney White Paper
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
Keith Bensten authored a case note, "The First Circuit's Lessons on the Implied Warranty of Merchantability, Foreseeability, and the Critical Differences Between Contract and Tort Claims," published in the Fall 2019 issue of the Federal Bar Association Massachusetts Chapter newsletter.
Mark A. Romance authored an article, "Five Tips for an Effective Mediation Statement," which was published by the American Bar Association, Section of Litigation.
Day Pitney Press Release
Day Pitney Press Release
Day Pitney Press Release
Miami-based partner Mark Romance was quoted in an article, "Civil Theft Claims Not Barred by Economic Loss Rule," which appeared in Litigation News, a publication of the American Bar Association, Section of Litigation.
Jonathan Handler is quoted in an article, "Info From Journalists Isn't 'Work Product'", published by Massachusetts Lawyers Weekly.