Sinaltrainal v. Coca-Cola Co.

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Sinaltrainal v. Coca-Cola Company
F. Supp. 2d 1273 (S.D. Fla. 2006)
Court membership
Judge(s) sittingGerald Bard Tjoflat, Susan H. Black, Emmett Ripley Cox
Case opinions
MajorityBlack, 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

Sinaltrainal (National Union of Food Workers) against Coca-Cola in a Miami district court, demanding monetary compensation of $500 million under the Alien Tort Claims Act for the deaths of three workers in Colombia
.

Lawsuit

In 2001 Sinaltrainal v. Coca-Cola was filed in the

Torture Victims Protection Act
(TVPA).

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.

better source needed
] On September 4, 2006, Judge Martinez dismissed the remaining claims against the two bottlers.

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

better source needed
]

Notes

  1. ^ Forero, Juan (July 26, 2001). "Union Says Coca-Cola in Colombia Uses Thugs". New York Times. Archived from the original on November 9, 2005.
  2. ^ 28 U.S.C. § 1350.
  3. ^ "Coca-Cola avoids lawsuit over labor leader's murder". Civil RICO Report. 19 (1). May 12, 2003.
  4. ^ 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.
  5. 11th Cir.
    2009).
  6. ^ Sinaltrainal, 578 F.3d at 1265.
  7. ^ Sinaltrainal, 578 F.3d at 1270.
  8. ^ 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