Vinci v. Waste Management, Inc.

80 F.3d 1372, 96 Cal. Daily Op. Serv. 2460, 96 Daily Journal DAR 4123, 1996 U.S. App. LEXIS 6987, 1996 WL 164995
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 10, 1996
DocketNo. 95-15000
StatusPublished
Cited by25 cases

This text of 80 F.3d 1372 (Vinci v. Waste Management, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vinci v. Waste Management, Inc., 80 F.3d 1372, 96 Cal. Daily Op. Serv. 2460, 96 Daily Journal DAR 4123, 1996 U.S. App. LEXIS 6987, 1996 WL 164995 (9th Cir. 1996).

Opinion

BEEZER, Circuit Judge:

Leonard Vinci appeals the district court’s dismissal of his complaint for lack of standing. Vinci contends that, as a dismissed employee of Waste Management, Inc., he has standing under the Clayton Act, 15 U.S.C. § 15, to sue for damages for injuries resulting from an alleged violation of the Sherman Act, 15 U.S.C. §§ 1 and 1px solid var(--green-border)">2, by Waste Management, Inc. and its subsidiary, Waste Management of Alameda County, Inc. (collectively, “Waste Management”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

I

Leonard Vinci owned and operated Vinci Enterprises, Inc. (“VEI”), a waste recycling-business. In 1989, VEI entered into a settlement agreement with Waste Management to settle a lawsuit against Oakland Scavenger Company alleging anti-competitive behavior. Oakland Scavenger was acquired by Waste Management while the lawsuit was pending. The settlement agreement required Waste Management to provide VEI with recyclable materials to operate its plant.

Vinci alleges that Waste Management breached the settlement agreement with the purpose of driving VEI out of business. Vin-ci alleges that Waste Management did this [1374]*1374by, among other things, encouraging other recycling haulers to acquire accounts that VEI desired from Waste Management, refusing to deliver accounts to VEI, and intercepting materials en route to VEI’s recycling facility. Thereafter, Waste Management acquired VEI’s recycling plant and hired Vinci as its employee.

During his employment with Waste Management, Vinci alleges that senior management asked him to cooperate in anti-competitive schemes. These included a plan to drive Richard Valle, a joint venturer, out of business and a plan to engage in predatory price competition against Norcal, Inc. with the intent to ultimately acquire Norcal at a distressed price. On December 2, 1992, Waste Management fired Vinci. Vinci alleges that he was terminated because he refused to engage in the anti-competitive schemes.

On January 12, 1994, Vinci filed suit in California Superior Court alleging anti-competitive actions in violation of the California Cartwright Act. Cal. Bus. & Prof. Code §§ 16700-16770. Vinci’s complaint was dismissed for lack of standing.1 Vinci then filed the present lawsuit under section 4 of the Clayton Act. 15 U.S.C. § 15. The lawsuit alleges that the same anti-competitive actions violated sections 1 and 2 of the Sherman Act. 15 U.S.C. §§ 1, 2.

The district court dismissed Vinci’s first amended complaint with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court reasoned that Vinci lacked standing under the Clayton Act to challenge the alleged anti-competitive acts engaged in by Waste Management. The court concluded that Vinci did not have standing to challenge the actions taken against VEI because the injury was to the corporation, not to Vinci as shareholder. The Court also concluded that Vinci lacked standing to challenge his termination by Waste Management because Vinci failed to come within an exception to the general rule that a terminated employee may not sue his corporate employer under the Clayton Act.

II

We review de novo a dismissal for failure to state a claim. Barrus v. Sylvania, 55 F.3d 468, 469 (9th Cir.1995). In addition, we review de novo questions of standing. Id. In reviewing the dismissal for failure to state a claim, all allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party. National Wildlife Fed’n v. Espy, 45 F.3d 1337, 1340 (9th Cir.1995).

III

Vinci first argues that the district court erred because it did not view his allegations as a whole. He argues that the court should not have divided the standing issue into the two sub-issues whether he had standing as a shareholder and whether he had standing as a dismissed employee. Instead, he argues, the district court should have determined whether his combined status as both shareholder and dismissed employee was enough to provide standing. Vinci cites Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U.S. 690, 698, 82 S.Ct. 1404, 1409-10, 8 L.Ed.2d 777 (1962) for the proposition that allegations must be viewed as a whole and should not be compartmentalized.

Vinci misreads Continental Ore. Continental Ore holds that substantive allegations of conspiratorial antitrust behavior should be considered as a whole. This proposition does not apply to the issue whether a person has standing to challenge antitrust behavior. The district court considered the alleged antitrust behavior, and then determined if Vinci had standing to challenge it. The district court examined all the possible theories of standing, of which there were two. The district court was obliged to consider both possibilities, and it did so. It did not err.

IV

Vinci next contends that the district court erred in determining that he did not have standing to sue under section 4 of the Clay[1375]*1375ton Act.2 Section 4 provides that “any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor ... and shall recover threefold the damages by him sustained -” 15 U.S.C. § 15.

Although section 4 appears quite broad, it has been read more narrowly by the courts. In Associated General Contractors of California v. California State Council of Carpenters, 459 U.S. 519, 535 n. 31, 103 S.Ct. 897, 907 n. 31, 74 L.Ed.2d 723 (1983), the Supreme Court held that in determining whether a plaintiff has antitrust standing, “[h]arm to the antitrust plaintiff is sufficient to satisfy the constitutional standing requirement of injury in fact, but the court must make a further determination whether the plaintiff is a proper party to bring a private antitrust action.” The Court explained that there is not “a black-letter rule that will dictate the result in every ease,” but there are several factors that should be considered on a case-by-case basis. Id. at 536-45, 103 S.Ct. at 907-12. These factors include:

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80 F.3d 1372, 96 Cal. Daily Op. Serv. 2460, 96 Daily Journal DAR 4123, 1996 U.S. App. LEXIS 6987, 1996 WL 164995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vinci-v-waste-management-inc-ca9-1996.