Sinaltrainal v. Coca-Cola Co.
Sinaltrainal v. Coca-Cola Company | |
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F. Supp. 2d 1273 (S.D. Fla. 2006) | |
Court membership | |
Judge(s) sitting | Gerald Bard Tjoflat, Susan H. Black, Emmett Ripley Cox |
Case opinions | |
Majority | Black, joined by unanimous |
Laws applied | |
Alien Tort Claims Act, 28 U.S.C. § 1350 |
Sinaltrainal v. Coca-Cola, 578 F.3d 1252 (11th Cir. 2009), was a case in which the
Lawsuit
In 2001 Sinaltrainal v. Coca-Cola was filed in the
Appeal
On March 31, 2003, the US District Court dismissed charges against The Coca-Cola Company because the alleged wrongdoing either occurred in the United States but was too removed from the injury or occurred abroad and did not have a substantial origin within the United States.
On August 11, 2009, the United States Court of Appeals for the Eleventh Circuit ruled in favor of Coca-Cola, affirming the District Court's ruling.[5] In dismissing the ATCA claims, the court cited a lack of evidence to link the actions of the paramilitaries to the Colombian government and Coca-Cola.[6] Additionally, the Eleventh Circuit converted the District Court's dismissal of the TVPA claims on jurisdictional grounds to a dismissal on the merits for failure to state a claim.[7]
"Killer Coke" Campaign
A few months after the case, on April 16, 2003
Notes
- ^ Forero, Juan (July 26, 2001). "Union Says Coca-Cola in Colombia Uses Thugs". New York Times. Archived from the original on November 9, 2005.
- ^ 28 U.S.C. § 1350.
- ^ "Coca-Cola avoids lawsuit over labor leader's murder". Civil RICO Report. 19 (1). May 12, 2003.
- ^ Cohan, Jeffrey (April 29, 2003). "Coke Targeted In Union Lawsuit Case Marks Unusual Effort To Aid Labor In Colombia". Pittsburgh Post-Gazette. pp. A–1.
- 11th Cir.2009).
- ^ Sinaltrainal, 578 F.3d at 1265.
- ^ Sinaltrainal, 578 F.3d at 1270.
- ^ Foust, Dean; Geri Smith; Elizabeth Woyke (January 23, 2006). ""Killer Coke" Or Innocent Abroad? Controversy over anti-union violence in Colombia has colleges banning Coca-Cola". Business Week. 3968: 46.
External links
- The Coca-Cola Case Full Documentary.
- Archive copy of Order on Motions to Dismiss for Lack of Subject Matter Jurisdiction at Wayback Machine
- Website of non-profit Killer Coke.