amazon.com, Incorporated v. Morgan McMillan, Individually and as Next of Friend of E.G., a Minor, 625 S.W.3d 101

Amazon operates a marketplace that lists products sold by Amazon, by Amazon-owned inventory, and by third-party merchants; Fulfillment by Amazon (FBA) lets merchants store inventory in Amazon warehouses while the merchant retains title.
McMillan's 19-month-old swallowed a button battery from a remote bought on Amazon from a third-party FBA seller (identified later as Hu Xi Jie); the child suffered permanent injury.
McMillan sued Amazon and the third-party seller in federal court asserting strict-products-liability claims under the Texas Products Liability Act (Chapter 82).
The district court denied Amazon's summary-judgment motion, finding Amazon's control and possession could make it a "seller"; the Fifth Circuit then certified the question to the Texas Supreme Court.
Certified question: whether Amazon is a "seller" under Texas law when it never held title to a third-party product but controlled transaction and delivery via FBA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Amazon a "seller" under Tex. Civ. Prac. & Rem. Code §82.001(3) when it controls transaction/delivery but never holds title?	McMillan: Amazon's possession, control, and role in the sale make it a seller; title not required.	Amazon: Chapter 82 tracks common law—"seller" in ordinary sales means the party who held or relinquished title; Amazon never held/relinquished title.	No. Under Chapter 82, sellers in ordinary sales are entities that relinquish (or previously held) title; Amazon did not and thus is not a seller here.

McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (Tex. 1967) (adopted Restatement §402A principles and recognized distributors as sellers)
Firestone Steel Prods. Co. v. Barajas, 927 S.W.2d 608 (Tex. 1996) (discussed "introducing" products into channels of commerce)
New Tex. Auto Auction Servs., L.P. v. Gomez de Hernandez, 249 S.W.3d 400 (Tex. 2008) (auctioneers/facilitators are not necessarily sellers)
Fresh Coat, Inc. v. K-2, Inc., 318 S.W.3d 893 (Tex. 2010) (entities supplying goods as part of mixed goods/services can be sellers)
Centerpoint Builders GP, LLC v. Trussway, Ltd., 496 S.W.3d 33 (Tex. 2016) (provision of product incidental to services does not make one a seller)
Armstrong Rubber Co. v. Urquidez, 570 S.W.2d 374 (Tex. 1978) (bailor/lessor may be liable when bailment is for mutual commercial benefit)
Rourke v. Garza, 530 S.W.2d 794 (Tex. 1975) (lessor retaining title and renting defective equipment can be treated as seller)
Erie Ins. Co. v. Amazon.com, Inc., 925 F.3d 135 (4th Cir. 2019) (federal court concluded Amazon did not hold title and thus was not a seller under Maryland law)