Supreme Court of the United States

Sumitomo Shoji America, Inc. v. Avagliano

June 15, 1982457 U.S. 176

Summary

The Court held that Sumitomo Shoji America, Inc. is a U.S. corporation, not a Japanese company, and therefore Article VIII(l) of the U.S.-Japan Friendship, Commerce and Navigation Treaty does not shield it from Title VII liability. The judgment of the Court of Appeals was vacated and the case remanded for further proceedings.

Holding

  • Whether Article VIII(l) of the Treaty shields Sumitomo Shoji America from Title VII liability.. No; because Sumitomo is a company incorporated under New York law, it is a company of the United States, not a company of Japan, and thus Article VIII(l) does not apply.

Docket 80-2070

Cited authorities

  • Rule 12(b)(6) of the Federal Rules of Civil Procedure
  • Rule 21.1(a)
  • Treaty of Friendship
  • Treaty of Friendship
  • Treaty of Amity
  • Treaty of Amity
  • Treaty of Commerce
  • Treaty of Commerce

Cited by

Read full opinionPDF