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David S. Casey Jr.

By Nick Kipley | Sep. 16, 2020

Sep. 16, 2020

David S. Casey Jr.

See more on David S. Casey Jr.

Casey Gerry Schenk Francavilla Blatt & Penfield LLP

Until last month, third party companies could sell whatever they wanted through Amazon and the online shopping giant was essentially exempt from any product liability.

"If you walked into Costco and bought a battery for your laptop, and you took it home and used it and it exploded and you were burnt, Costco is liable," Casey said. "But if you were to buy that same battery on Amazon, and that battery exploded, it used to be that Amazon could not be held liable. But now they can."

Casey and his team persuaded a state court of appeal to reverse a trial judge and hold Amazon strictly liable for products consumers buy for delivery. Angela Bolger v. Amazon.com, D075738 (Cal. App. 4th Dist. Aug. 13, 2020). Usually, Casey said, his cases have little impact beyond helping a client, but this case will help everyone in the state of California who buys anything on Amazon.

"This sets a precedent that I believe will be followed nationally. It's a real game-changer for consumers, especially in this time of COVID-19 with everyone buying everything online," he said. "This is one of the most significant rulings I've seen in my 45 years career."

Casey has also made it his practice to use his legal knowledge and skills in community projects. He is among the top San Diego attorneys who volunteered for Resolve Law San Diego, which has provided free help to litigants trying to settle civil cases while the courts were closed. He was inducted into the Consumer Attorneys of San Diego's Trial Lawyer Hall of Fame for his service to the public, high ethical standards and leadership.

He has served as chair of Democratic Sen. Dianne Feinstein's Federal Judicial Selection Committee, which recruits and reviews candidates for the federal bench in California.

-- Nick Kipley

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