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Sumitomo Shoji America, Inc. v. Avagliano. 102 S.Ct. 2374

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 76 , Issue 4 , October 1982 , pp. 853 - 855
Copyright
Copyright © American Society of International Law 1982

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References

1 Avigliano [sic] v. Sumitomo Shoji America, Inc., 473 F.Supp. 506 (S.D.N.Y. 1979).

2 638 F.2d 552 (2d Cir. 1981), summarized in 75 AJIL 671 (1981).

3 Id. at 559. In a nearly identical case, the United States Court of Appeals for the Fifth Circuit agreed with the Second Circuit that a locally incorporated subsidiary of a foreign parent company was covered by Article VIII(1); however, contrary to the Second Circuit, the Fifth Circuit held that Article VIII(1) protects the local subsidiary’s practices from Title VII liability. See Speiss v. C. Itoh & Co., 643 F.2d 353 (5th Cir. 1981), summarized in 75 AJIL 972 (1981), cert, denied, 102 S.Ct. 984 (1982). The district court decision in Speiss is summarized in 74 AJIL 195 (1980).

4 102 S.Ct. 2374, 2378-79.

5 The Japanese Ministry of Foreign Affairs indicated its position to the American Embassy in Tokyo, which, in turn, relayed the information to the U.S. Department of State. The State Department articulated its view before the Court in a Brief for the United States as Amicus Curiae. Id. at 2379.

6 Id. at 2380.

7 See, e.g., Convention of Establishment between the United States and France of 1959, 11 UST 2398, TIAS No. 4625, Arts. VI, XIV(5); Treaty of Friendship, Commerce and Navigation between the United States of America and Greece of 1951, 5 UST 1829, TIAS No. 3057, Arts. XII(4), XXIV(3).

8 102 S.Ct. at 2380 n.12.