Case Explained: JOHNSON V. AMAZON.COM, INC., ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-07-02 Docket: 2:24-cv-01070-JNW The ninth-circuit affirmed the district court’s dismissal of Sheri Johnson’s pro se lawsuit against Amazon.com and Megan Thee Stallion for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court reviewed the dismissal de novo, applying the standard that a complaint must allege sufficient facts to state a plausible claim for relief, while construing the pro se pleadings liberally. Regarding Johnson’s claim under Washington’s Personality Rights Act (WPRA), the court held that the alleged commercial did not plausibly constitute misappropriation of her likeness. The WPRA protects distinctive appearance, gestures, or mannerisms, but the court found that wearing lace clothing, using a specific color of cell phone, and working as a chef were not sufficiently distinctive to qualify as a protected likeness. In reaching this conclusion, the court relied on the precedent set in *White v. Samsung Electronics America, Inc.*, noting that even a commercial depicting a robot resembling Vanna White’s general appearance and job was insufficient to establish liability under analogous California law. Regarding Johnson’s claim for intentional infliction of emotional distress (IIED), the court determined that the allegations failed to meet the requisite elements of extreme and outrageous conduct beyond all possible bounds of decency. The court found that the commercial amounted to trivialities rather than the severe misconduct necessary to support an IIED claim. Furthermore, the court agreed with the district court’s determination that granting further leave to amend would be futile, as neither claim could be cured by additional factual allegations. Consequently, the judgment dismissing the suit is affirmed, and no further proceedings are authorized on these claims. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.