Tuesday, July 18, 2023

Flea Market Not a Seller for Purposes of Products Liability Case

In the case of Liebig v. MTD Products, Inc., No. 22-4427 (E.D. Pa. May 25, 2023 Murphy, J.), the court denied a Motion to Remand in a products liability case.

The court reasoned that the Plaintiff’s alleged products liability claims against a non-diverse Pennsylvania flea market were not colorable such that a finding that that Defendant was fraudulently joined was appropriate.

In this case, the product was apparently purchased at a flea market.

The court noted that a flea market is not a seller of a product as that term is defined in the products liability context. Rather, flea markets are markets that merely provide space for third parties to sell ordinary household items to each other. Flea markets are not to be considered manufacturers, distributors, or sellers of products under the contexts of product liability case.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

Source of image:  Photo by Clem Onojeghuo on www.unsplash.com.

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