In a first, Missouri sues China over coronavirus economic losses

[webfact]

In a first, Missouri sues China over coronavirus economic losses

By Jan Wolfe

 

A shopper lining up to enter a supermarket wears gloves to help slow the spread of coronavirus disease (COVID-19) in north St. Louis, Missouri, U.S. April 4, 2020. Picture taken April 4, 2020. REUTERS/Lawrence Bryant

 

(Reuters) - Missouri became on Tuesday the first U.S. state to sue the Chinese government over its handling of the coronavirus, saying that China's response to the outbreak that originated in the city of Wuhan brought devastating economic losses to the state.

 

In Beijing, a spokesman for China's foreign ministry dismissed the accusation on Wednesday as "nothing short of absurdity" and lacking any factual or legal basis.

 

The civil lawsuit, filed in federal court by Missouri Attorney General Eric Schmitt, alleges negligence, among other claims. It says Missouri and its residents suffered possibly tens of billions of dollars in economic damages, and seeks cash compensation.

 

"The Chinese government lied to the world about the danger and contagious nature of COVID-19, silenced whistleblowers, and did little to stop the spread of the disease," Schmitt, a Republican, said in a statement.

 

"They must be held accountable for their actions.”

 

The lawsuit also accuses the Chinese government of making the pandemic worse by "hoarding" masks and other personal protective equipment (PPE).

 

U.S. President Donald Trump, also a Republican, initially lavished praise on China and his counterpart Xi Jinping for the official response to the outbreak, which has since spread worldwide to infect more than 2.5 million people.

 

But he and other senior U.S. officials have also referred to it as the "Chinese virus" and in recent days have ramped up their rhetoric.

 

China is already facing similar lawsuits filed in U.S. courts on behalf of U.S. business owners.

 

International law experts told Reuters that efforts in U.S. courts to hold China liable for the virus would probably fail.

 

A legal doctrine called sovereign immunity offers foreign governments broad protection from being sued in U.S. courts, said Tom Ginsburg, a professor of international law at the University of Chicago.

 

Ginsburg said he thought the recent flurry of lawsuits against China serves a political end for Republican leaders facing an election in November.

 

"We are seeing a lot of people on the political right focus on the China issue to cover up for the U.S. government's own errors," Ginsburg said.

 

Trump initially downplayed the seriousness of the virus, which has killed more than 43,000 people in the United States, out of nearly 800,000 infections, by Tuesday.

 

It has also forced state governors to declare stay-at-home orders that have shuttered businesses and social activities, leading a record 22 million people to seek unemployment benefits in the past month.

 

"If the United States wants to bring claims against China, it will have to do so in an international forum," said Chimène Keitner, an international law professor at the University of California, Hastings College of the Law in San Francisco.

 

"There is no civil jurisdiction over such claims in U.S. courts."

 

In Beijing, foreign ministry spokesman Geng Shuang also said China's response was not under the jurisdiction of U.S. courts, adding that it had provided updates on the outbreak to the United States since Jan. 3.

 

"Such abuse of litigation is not conducive to the epidemic response at home in the United States and also runs counter to international cooperation," Geng told a daily briefing on Wednesday, speaking about Missouri's move.

 

"What the United States should do is refute and reject such abuse of litigation."

 

(Reporting by Jan Wolfe; Additional reporting by Tom Daly in Beijing; Editing by Sonya Hepinstall and Clarence Fernandez)

 

-- © Copyright Reuters 2020-04-23

 

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[Thailand]

Good luck with that. 

[Chomper Higgot]

"We are seeing a lot of people on the political right focus on the China issue to cover up for the U.S. government's own errors," Ginsburg said.

 

This.

[OnTheGround]

"They must be held accountable for their actions.”

 

Agree, but how.

 

Total import ban from China would be easier,

If countries around the world could agree on this.

 

Lawsuit is a waste of time, but still sends a message.

 

[George Bowman]

1 hour ago, webfact said:

Missouri became on Tuesday the first U.S. state to sue the Chinese government

As my username implies, I am from Missouri therefore I feel qualified to address this issue. This state is often called the Show-Me state. Why? My father explained it this way "Because most Missourians are so stupid they need to be shown what to do".

 

The Attorney General of Missouri needs to be shown what common sense looks like. Suing China? Are you serious? What a waste of time and money. Now I have no idea what this lawsuit is going to cost, but I do know that lawyers ain’t cheap. Here is a life tip Mr. AG. China don’t care. Thailand is pretty damn close to China and throughout the years I have witnessed one undeniable fact. China cares about China and nothing else.

 

I don’t care if China cooked up the Covid 19 virus in a wok pot and sent the secret sauce directly to Missouri. The only thing this lawsuit is going to generate is the experience the junior lawyers will get by practicing their legalese skills...

 

[stevenl]

Would it be legally possible for a state to sue the federal government over mishandling of this, probably based on negligence?

Edited April 23, 2020 by stevenl

[Sujo]

12 minutes ago, missoura said:

As my username implies, I am from Missouri therefore I feel qualified to address this issue. This state is often called the Show-Me state. Why? My father explained it this way "Because most Missourians are so stupid they need to be shown what to do".

 

The Attorney General of Missouri needs to be shown what common sense looks like. Suing China? Are you serious? What a waste of time and money. Now I have no idea what this lawsuit is going to cost, but I do know that lawyers ain’t cheap. Here is a life tip Mr. AG. China don’t care. Thailand is pretty damn close to China and throughout the years I have witnessed one undeniable fact. China cares about China and nothing else.

 

I don’t care if China cooked up the Covid 19 virus in a wok pot and sent the secret sauce directly to Missouri. The only thing this lawsuit is going to generate is the experience the junior lawyers will get by practicing their legalese skills...

 

If you think you are a bit slow because you are from missouri, dont. Good post.

 

perhaps it would be more wise to sue the federal govt for negligence.

[Relocated]

14 minutes ago, missoura said:

China cares about China and nothing else.

 

From my recent experience with Chinese professor lady, I am very positive China is the last remaining third world except North Korea and Ethiopia. 

[stupidfarang]

A waste of money and resources, just highlights to the world how stupid some people are in Missouri. Also the Missouri Attorney General Eric Schmitt was the one who action the lawsuit so stupid from the top down. Worth noting "A legal doctrine called sovereign immunity offers foreign governments broad protection from being sued in U.S. courts, said Tom Ginsburg, a professor of international law at the University of Chicago."

"Ginsburg said he thought the recent flurry of lawsuits against China serve a political end for Republican leaders facing an election in November.

“We are seeing a lot of people on the political right focus on the China issue to cover up for the U.S. government’s own errors,” Ginsburg said."

[kingdong]

6 minutes ago, Retarded said:

From my recent experience with Chinese professor lady, I am very positive China is the last remaining third world except North Korea and Ethiopia. 

And not Zimbabwe?

[Rimmer]

Troll post removed

[newatthis]

China didn't give a rodent's rectum about the Hague backing the Philippines in 2016.

Even if the Hague eventually rules in favour of Missouri, China would laugh and tell the great US of A to take a flying leap.

 

Here's the truth:

3 hours ago, webfact said:

Ginsburg said he thought the recent flurry of lawsuits against China serves a political end for Republican leaders facing an election in November.

 

[metisdead]

Some more troll posts and replies have been removed. 

[Matzzon]

That´s never going to grow wings and fly.

[rasmus5150]

Stop all the law-suits and hit them where it hurts.

The Economy.

 

 

[simple1]

5 minutes ago, rasmus5150 said:

Stop all the law-suits and hit them where it hurts.

The Economy.

 

 

Like the image!

 

Recent history demonstrates China is a lot smarter than the US with economic retaliation

[AsiaCheese]

6 hours ago, webfact said:

A legal doctrine called sovereign immunity offers foreign governments broad protection from being sued in U.S. courts, said Tom Ginsburg, a professor of international law at the University of Chicago.

 

Ginsburg said he thought the recent flurry of lawsuits against China serves a political end for Republican leaders facing an election in November.

 

"We are seeing a lot of people on the political right focus on the China issue to cover up for the U.S. government's own errors," Ginsburg said.

Says it all, doesn't it? Also, two-thirds of the lawyers in the world are American lawyers.

[Tchooptip]

I intended to sue the pope because God had not protected us from the coronavirus, and then I changed my mind! ????

[Srikcir]

8 hours ago, stevenl said:

Would it be legally possible for a state to sue the federal government over mishandling of this, probably based on negligence?

In general to sue the federal government for damages requires approval by the government. You can take it from there.

[meinphuket]

Its a just action, it will righteously fuel the general anti China sentiments and shame the CCP in a  devastated world and teach them a lesson in hygiene and urgency in reporting outbreaks.

[Burma Bill]

If people around the World looked at the labels on their purchases and saw "Made in China", put them back on the shelf and go for an alternative. That will economically "hurt" China.

[Caldera]

Ah those Bible Belt muppets are always good for entertainment.

 

[jimmybcool]

Born and raised in Missouri.  Haven't been back since 1970 but I still have a better grasp of what that state means than apparently some who still live there.   First is the guy whose father told him the "Show me" state motto is because people are too stupid they have to be shown everything.  Well I can't comment on his family but here is the real reasoning behind the motto:

 

""" the "Show Me State" got its nickname because of the devotion of its people to simple common sense. In 1899, Rep. Willard D. Vandiver said, "Frothy eloquence neither convinces nor satisfies me. I'm from Missouri.  Show me.  """

 

The second thing that tickles my funny bone is the lawsuit.  Of course it is symbolic.  There is no way anyone is going to be able to collect any judgement from China even if they find standing in a court and win a case.  And it is neither Republican or Democrat party hiding incompetence.   We will see more of these from other states and other countries as various governments decide to shift some blame away from themselves for this pandemic.   

 

And sometimes symbolism is a good thing.  If it reminds people that are frustrated with the destruction this is causing their lives that the source of the virus might be caused due to negligence and incompetence of the Chinese government great.  They can decide if they wish to boycott goods and services from there which WILL be consequential for the nation of China.  

 

OK, off my soapbox.  Waiting to see the Chinese government respond as an international partner regarding the Wuhan lab and "show me".

 

 

[sirineou]

5 minutes ago, jimmybcool said:

Born and raised in Missouri.  Haven't been back since 1970 but I still have a better grasp of what that state means than apparently some who still live there.   First is the guy whose father told him the "Show me" state motto is because people are too stupid they have to be shown everything.  Well I can't comment on his family but here is the real reasoning behind the motto:

 

""" the "Show Me State" got its nickname because of the devotion of its people to simple common sense. In 1899, Rep. Willard D. Vandiver said, "Frothy eloquence neither convinces nor satisfies me. I'm from Missouri.  Show me.  """

 

The second thing that tickles my funny bone is the lawsuit.  Of course it is symbolic.  There is no way anyone is going to be able to collect any judgement from China even if they find standing in a court and win a case.  And it is neither Republican or Democrat party hiding incompetence.   We will see more of these from other states and other countries as various governments decide to shift some blame away from themselves for this pandemic.   

 

And sometimes symbolism is a good thing.  If it reminds people that are frustrated with the destruction this is causing their lives that the source of the virus might be caused due to negligence and incompetence of the Chinese government great.  They can decide if they wish to boycott goods and services from there which WILL be consequential for the nation of China.  

 

OK, off my soapbox.  Waiting to see the Chinese government respond as an international partner regarding the Wuhan lab and "show me".

 

 

It is not symbolism,

IMO it is deflecting responsibility. It is giving some , something to hang their hat on when rationalising decisions, And at the same time it is spending public funds on an politically motivated stunt , that could be better spend solving the situation.  

[jimmybcool]

19 minutes ago, sirineou said:

It is not symbolism,

IMO it is deflecting responsibility. It is giving some , something to hang their hat on when rationalising decisions, And at the same time it is spending public funds on an politically motivated stunt , that could be better spend solving the situation.  

Well we can call it what we want.  Curious what you think it will cost.  Aren't the lawyers already on a fixed payroll of the state?  In any case yeah all the governments are trying to deflect from results that aren't good.  Politicians around the world are all the same.

 

 

[metisdead]

Off topic deflection posts have been removed. 

[Logosone]

43 minutes ago, jimmybcool said:

 

 

The second thing that tickles my funny bone is the lawsuit.  Of course it is symbolic.  There is no way anyone is going to be able to collect any judgement from China even if they find standing in a court and win a case. 

They are not counting on collecting judgement from China. The lawyers are counting on embarassing China so severely that China will approach them and pay them to drop the litigation. Not at all inconceivable that could happen.

 

Much like "independent American businessmen" stole German masks in Bangkok, "independent Chinese businessmen" could pay the law firm to cease its legal action.

 

Stranger things have happened.

[sirineou]

11 minutes ago, jimmybcool said:

Well we can call it what we want.  Curious what you think it will cost.  Aren't the lawyers already on a fixed payroll of the state?  In any case yeah all the governments are trying to deflect from results that aren't good.  Politicians around the world are all the same.

 

 

Lawyer salaries are not the only costs associated with such action. But I should not have said costs but rather resources.  IMO if allowing political deflection to fly,  we face risk the opportunity cost of not implementing the necessary reforms to insure a  better outcomes in the future. 

[CharlieK]

21 minutes ago, Logosone said:

The lawyers are counting on embarassing China so severely that China will approach them and pay them to drop the litigation. Not at all inconceivable that could happen.

Pigs will fly first!

[wwest5829]

13 hours ago, stevenl said:

Would it be legally possible for a state to sue the federal government over mishandling of this, probably based on negligence?

In the USA, the federal government would have to agree (waive sovereign immunity).