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A remote control with a button battery. Photo: jeab05/Shutterstock.com A remote control with a button battery. Photo: jeab05/Shutterstock.com

After Texas’ high court said Amazon isn’t a “seller” under Texas law, it took only four days for the U.S. Court of Appeals for the Fifth Circuit to order the dismissal of a family’s lawsuit over a remote-control battery that their toddler swallowed.

The Fifth Circuit on Tuesday remanded the case, McMillan v. Amazon.com, and ordered a federal district court to grant Amazon’s summary judgment motion. When asked the same question, a federal trial court in New Jersey ruled the same way as the Fifth Circuit, but a state appellate court in California took the opposite approach—it allowed a plaintiff to sue Amazon for a third-party product.

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