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Update:
- Amazon consumers filed a motion to contest Amazon’s claim that their class action lawsuit over lithium-ion battery defects should be limited to one specific type of battery.
- The consumers instead argue the court should reject Amazon’s “erroneous positions” on limiting the case and move forward with jurisdictional discovery.
- The class action lawsuit response, filed on behalf of plaintiffs Craig Crosby and Christopher Johnson, asks that the case not be limited to batteries with “18650” in their title but should apply to both “Non-Title 18650 Products” and “Non-AWD Sales,” which it claims are two distinct issues. The plaintiffs purchased both products, the reply states.
- The reply clarifies the class action only applies to Amazon products and not third-party batteries sold by Amazon.
- The plaintiffs also clarified they did not withdraw their notice for a deposition but instead allowed a deposition date to be taken off the calendar to avoid an unnecessary duplicative hearing.
Amazon defective batteries class action lawsuit overview:
- Who: A judge rejected Amazon.com Inc.’s request to dismiss a class action lawsuit filed by Craig Crosby and Christopher Johnson.
- Why: Crosby and Johnson claim Amazon sells defective lithium-ion batteries that are prone to overheating and exploding.
- Where: The class action lawsuit was filed in Washington federal court.
(Dec. 9, 2021)
A federal judge in Washington denied Amazon.com Inc.’s motion to dismiss a class action lawsuit alleging it sells defective lithium-ion batteries.
The company had argued the complaint failed to meet necessary pleading standards and that plaintiffs did not adequately claim the nature of the alleged deception and who was responsible for it.
The judge overseeing the case, meanwhile, ruled the plaintiffs, Craig Crosby and Christopher Johnson, had adequately alleged how they had been deceived by Amazon.
“Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby DENIES the motion,” the judge wrote.
Crosby and Johnson claim Amazon sells lithium-ion batteries that do not have their advertised energy capacity and are prone to overheating and exploding.
The company is aware of the defective nature of their lithium-ion batteries but conceals it from consumers while continuing to sell them, Crosby and Johnson further allege.
Judge dismisses claims that plaintiffs did not allege actual injury
The judge also denied Amazon’s arguments that Crosby and Johnson did not allege an actual injury since they bought the batteries for the purpose of filing the complaint, ruling it would be improper to to speculate on their motives at this point.
Amazon also argued that the proposed class was too broad; however, the judge determined that, while a “significant portion” likely lacks standing, the issue would be better discussed during class certification.
Crosby and Johnson are seeking to represent a class of consumers who bought the affected lithium-ion batteries from Amazon between May 2021 and class certification.
The company filed to dismiss a separate class action lawsuit last month over allegations from Chinese retailers claiming the company is unfairly holding their money after they were banned from the platform for allegedly paying for fake reviews.
Have you purchased defective lithium-ion batteries from Amazon.com? Let us know in the comments!
The plaintiffs are represented by Karin B. Swope, Niall P. McCarthy and Bethany M. Hill of Cotchett Pitre & McCarthy LLP.
The Amazon defective batteries class action lawsuit is Crosby, et al. v. Amazon.com Inc., Case No. 2:21-cv-01083, in the U.S. District Court for the Western District of Washington.
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26 thoughts onAmazon consumers fight back against company’s bid to dismiss lithium-ion battery suit
Bought many batteries from amazon
I HAVE PURCHASED SO MANY LITHUIM BATTERIES FROM AMAZON OVER THE YEARS PLEASE ADD ME