The People’s Republic of China and the Chinese Communist Party have yet to answer a federal lawsuit filed by Missouri Attorney General Eric Schmitt seven months ago in the Eastern District of Missouri.
The complaint blames the Chinese defendants for the COVID-19 pandemic and seeks recovery for loss of life, human suffering, and economic turmoil.
“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,” Attorney General Schmitt said in a statement online. “They must be held accountable for their actions.”
The Chinese Foreign Ministry in Beijing was served with summonses on July 17, according to media reports, but the Chinese agency has missed the 60-day deadline to respond pursuant to U.S. law.
“Missouri is making a political statement, and trying its best to frame the issues to avoid the Foreign Sovereign Immunities Act (FSIA), thus to avoid being tossed out of court and being sanctioned for filing a frivolous case,” said Michael Wolff, a former associate justice of the Missouri Supreme Court who was appointed by Democratic Gov. Mel McCarnahan.
The Insurance Journal reported that the FSIA emboldens foreign states with immunity however exceptions include commercial activities and wrongful acts.
“The Missouri taxpayers appear to be footing the bill for the litigation, but I don’t know they should foot the bill if a judge sanctions the state for a frivolous pleading,” Wolff told the St. Louis Record. “My best guess is that once the election has gone away, and Trump has gone away, so will this lawsuit.”
As of Nov. 27, there were 12,211 coronavirus cases and 238 deaths statewide, according to the Missouri coronavirus dashboard.
“The pandemic has caused enormous economic disruptions across the United States and in Missouri, with tens of millions of Americans and many thousands of Missourians filing jobless claims,” Deputy Attorney General Justin Smith wrote in the April 21 complaint.
“Before the pandemic, Missouri had one of its lowest unemployment rates of the past decade but on information and belief, Missouri’s unemployment rate is now the highest it has been since the Great Depression. The pandemic unleashed by Defendants has had enormous economic impacts on both the Missouri government and on virtually every citizen of Missouri.”