ST. LOUIS - Missouri Attorney General Eric Schmitt sued the Chinese government in federal court Tuesday, seeking recovery for loss of life, human suffering and economic turmoil experienced by the COVID-19 outbreak.
The suit filed in the Eastern District of Missouri names the Chinese government, Chinese Communist Party, and other Chinese officials and institutions.
“This virus has impacted the lives of 6 million Missourians in many ways,” said Chris Nuelle, AG press secretary. “It was preventable. The Chinese government and the Communist party lied to the world. We have the legal authority to make them pay.”
Jurisdiction over China is gained under the Foreign Sovereign Immunities Act 28 U.S.C. § 1605(a)(2), according to the complaint.
“This Court has personal jurisdiction over the Defendants because the torts, harms and injuries occurred in this District and in this Division of this District, and they otherwise have sufficient contacts in Missouri and the rest of the United States to render the exercise of jurisdiction by this Court permissible,” wrote Deputy Attorney General Justin D. Smith in the lawsuit.
Just last week, Sen. Josh Hawley (R-Mo.) announced the Justice for Victims of COVID-19 Act to hold the Chinese Communist Party (CCP) responsible for causing the COVID-19 global pandemic.
The bill would strip China of its sovereign immunity and create a private right of action against the CCP for reckless actions like silencing whistleblowers and withholding critical information about COVID-19.
When asked how the legal action could impact trade relations with China, the White House Press Office did not immediately return the St. Louis Record’s request for comment.
The four counts noted in the lawsuit include breach of duty, hoarding of personal protective equipment, allowing transmission of COVID-19, abnormally dangerous activities and public nuisance.
“China lied to the world, resulting in the loss of life and severe economic negative impacts,” Nuelle told the St. Louis Record. “As we are starting to talk about getting our state back to work, the economic impact of the virus cannot be overstated. People who live paycheck to paycheck have lost their jobs. Businesses have closed, never to be opened again. We are now beginning to understand the long-term impacts of the virus.”
A spokesman for the National Association of Attorneys General declined to comment except to say that it is not involved in Missouri’s case.
“This is a Missouri lawsuit so other state Attorney’s General technically cannot join our lawsuit,” Nuelle said. “However, we would encourage others to file their own lawsuits based on their own state laws.”