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· 8/11/2009

Sinaltrainal v. Coca-Cola Company

Citations

  • 578 F.3d 1252
  • 61 A.L.R. Fed. 2d 677
  • 74 Fed. R. Serv. 3d 410
  • 2009 U.S. App. LEXIS 17764
  • 2009 WL 2431463

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiff “must plead factual content,” not “vague and conclusory” assertions, to state a claim
  • holding that the “war crimes exception dispenses with the state action requirement.”
  • dismissing ATS claims for lack of subject-matter jurisdiction due to failure to allege facts creating plausible entitlement to relief
  • rejecting plaintiff’s allegation that the alleged scheme necessarily required the cooperation of the alleged conspirators
  • “It is not uncommon for plaintiffs to assert ATS and TVPA claims together,” based on “the same operative facts”
  • “[I]n testing the sufficiency of the plaintiff’s allegations, we do not credit . . . conclusory allegations as true.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Black, Cox

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.