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Keywords

tortplaintiffdefendantjurisdictionstatutemotiontreatyliensmotion to dismisspiracy
tortplaintiffdefendantjurisdictionstatuteappealmotiontrademarktreatyappellantmotion to dismiss

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Sinaltrainal v. Coca-Cola Co.

Facts

Plaintiffs, who were trade union leaders, brought suit under the Alien Tort Statute (ATS) and the Torture Victims Protection Act (TVPA), alleging that their employers, two bottling companies in Colombia, collaborated with Colombian paramilitary forces to murder and torture them. The complaints named several defendants, including The Coca-Cola Company and its Colombian subsidiary, alleging that these companies were connected to the local bottlers through a series of agency and alter ego relationships. The district court found that the plaintiffs failed to sufficiently allege the requisite control by the Coca-Cola Defendants over the actions of the local bottlers and their employees.

Plaintiffs, who were trade union leaders, brought suit under, inter alia, the Alien Tort Statute (ATS), 28 U.S.C. 1350, and the Torture Victims Protection Act (TVPA), 28 U.S.C. 1350 note, alleging their employers–two bottling companies in Colombia–collaborated with Colombian paramilitary forces to murder and torture Plaintiffs. Plaintiffs' complaints named a number of defendants, including The Coca-Cola Company (Coca-Cola USA) and its subsidiary, Coca-Cola de Colombia, S.A., (Coca-Cola Colombia).

Issue

Whether the Plaintiffs have sufficiently pled factual allegations in their complaints to survive a motion to dismiss under the Alien Tort Statute (ATS) and the Torture Victims Protection Act (TVPA).

The main question presented by this appeal is whether Plaintiffs-Appellants (Plaintiffs) have sufficiently pled factual allegations in their complaints to survive a motion to dismiss.

Rule

The ATS provides district courts with original jurisdiction over civil actions by aliens for torts committed in violation of the law of nations or a treaty of the United States. The TVPA establishes a cause of action for victims of torture and extrajudicial killing under color of law of any foreign nation.

The ATS is discussed in greater detail below, but briefly, it provides district courts with original jurisdiction over 'any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.' 28 U.S.C. 1350. The TVPA establishes a cause of action for victims of torture and extrajudicial killing 'under actual or apparent authority, or color of law, of any foreign nation.' 28 U.S.C. 1350 note 2(a).

Analysis

The court determined that the plaintiffs' allegations did not sufficiently establish that the Coca-Cola Defendants had the requisite control over the local bottlers to be liable for the actions of their employees. The court found that the mere registration and toleration of paramilitary forces by the Colombian government did not transform their acts into state acts, and the allegations of conspiracy were insufficient to support the claims under both the ATS and TVPA.

The court determined a bottler's agreement, which gave Coca-Cola USA the right to enforce standards necessary to protect Coca-Cola's product in the marketplace, including the use of the trademark, packaging, and quality control, did not give Coca-Cola USA the total control over day-to-day activities that Plaintiffs alleged. It concluded the Coca-Cola Defendants therefore did not have the requisite control to be liable for the actions of Bebidas or its employees.

Conclusion

The court affirmed the dismissal of the ATS claims for lack of subject matter jurisdiction and vacated the dismissal of the TVPA claims, instructing the district court to enter a dismissal for failure to state a claim upon which relief could be granted.

The dismissal of the ATS claims for lack of subject matter jurisdiction was affirmed. The dismissal of the TVPA claims for want of jurisdiction was vacated and the district court was instructed to enter a dismissal for failure to state a claim upon which relief could be granted.

Who won?

The Coca-Cola Defendants prevailed in the case because the court found that the plaintiffs failed to sufficiently allege the requisite control and involvement of the defendants in the alleged violations.

The Coca-Cola Defendants prevailed in the case because the court found that the plaintiffs failed to sufficiently allege the requisite control and involvement of the defendants in the alleged violations.

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