Class Actions Against China Grow Despite Foreign Policy Obstacles

April 23, 2020 by Tom Ramstack
Class Actions Against China Grow Despite Foreign Policy Obstacles
Missouri Attorney General Eric Schmitt filed a lawsuit against the Chinese government, the Community Party of China and others, alleging that the hiding of information and other actions at the outset of the coronavirus outbreak led to loss of life and significant economic damage in Missouri. (AP Photo/Manuel Balce Ceneta, File)

WASHINGTON – Law firms and their clients who are joining the growing list of plaintiffs against the Chinese government over the coronavirus outbreak are running up against a foreign policy that could rule out any successful lawsuits.

About a half-dozen class action lawsuits have been filed in federal courts against China.

However, they appear to be overlooking legal recourse through international tribunals, according to a new public policy foundation’s report.

The lawsuits argue that China’s negligent or reckless failure to adequately warn other countries about dangers of the epidemic when it was first noticed last December in the city of Wuhan has endangered millions of people worldwide.

In the United States, the death toll from coronavirus is near 50,000.

Lawsuits against foreign countries must overcome tough standards of the Foreign Sovereign Immunities Act, which bans private legal action unless it falls under rare exceptions, according to legal experts.

One of the experts is former New Jersey Superior Court Judge Andrew Napolitano, who also acts as a legal policy analyst for Fox News.

“At the present time, they don’t have a case because of the Foreign Sovereign Immunity Act [of 1976], which basically says American courts do not have jurisdiction over the behavior of foreign governments and that, of course, would bar nearly any lawsuit against the government of China,” Napolitano said.

Generally, private lawsuits are allowed if a plaintiff’s claim is based on commercial activity performed in the United States by the foreign government. Typical examples are state-sponsored foreign airlines and financial institutions.

Other exceptions could include industrial espionage and thefts of private property during “genocidal takings” by foreign militaries or agents.

A lawsuit filed by the state of Missouri this week tries to cite the commercial activity exception but gives scant evidence the epidemic resulted from China’s business relations in the United States.

The Missouri lawsuit seeks unspecified compensation “for the enormous loss of life, human suffering and economic turmoil experienced by all Missourians from the COVID-19 pandemic that has disrupted the entire world.”

It also accuses China of misleading other countries about how easily the virus can spread, silencing medical personnel who tried to warn others and hoarding medical supplies.

People’s Republic of China officials deny wrongdoing.

“This so-called lawsuit is very absurd and has no factual and legal basis at all,” China Foreign ministry spokesman Geng Shuang said at a daily briefing this week. 

Since the outbreak began, China has proceeded in an “open, transparent, and responsible manner” and the U.S. government should “dismiss such vexatious litigation,” he said.

The Trump administration has given no indication it supports the Missouri lawsuit or the private class actions.

If a U.S. class action lawsuit succeeds, it could be worth $1.2 trillion in damages, according to the British conservative public policy foundation the Henry Jackson Society.

A report from the foundation accuses China of intentionally withholding information from the World Health Organization in a way that represents a violation of the International Health Regulations.

The report also said plaintiffs could bypass domestic laws and courts by petitioning international tribunals. They include the World Health Organization, the International Court of Justice, Permanent Court of Arbitration and courts in Hong Kong.


A+
a-
  • China
  • Coronavirus
  • lawsuits
  • Missouri
  • In The News

    Health

    Voting

    Litigation

    September 26, 2023
    by Tom Ramstack
    President’s Son Sues Rudy Giuliani for Revealing Data From a Laptop

    WASHINGTON — Presidential son Hunter Biden claims in a lawsuit filed Tuesday that Rudy Giuliani and his former lawyer violated... Read More

    WASHINGTON — Presidential son Hunter Biden claims in a lawsuit filed Tuesday that Rudy Giuliani and his former lawyer violated his privacy by publicly revealing personal computer data. The data was taken from a laptop Biden left at a computer repair shop, where the owner turned... Read More

    September 25, 2023
    by Dan McCue
    Appeals Court Rejects Bid for Stay of ‘Good Neighbor’ Pollution Plan

    WASHINGTON — The U.S. Court of Appeals for the D.C. Circuit on Monday rejected an attempt by the state of... Read More

    WASHINGTON — The U.S. Court of Appeals for the D.C. Circuit on Monday rejected an attempt by the state of Utah to block the Environmental Protection Agency from enforcing a plan to protect downwind states from smog that blows from power plants within its borders. The... Read More

    September 25, 2023
    by Dan McCue
    Court Says Gulf Oil and Gas Lease Sale Must Proceed Without Restrictions

    LAKE CHARLES, La. — A federal judge has ordered the Interior Department to proceed with a pending oil and gas... Read More

    LAKE CHARLES, La. — A federal judge has ordered the Interior Department to proceed with a pending oil and gas lease sale in the Gulf of Mexico without last-minute restrictions added to protect an endangered species of whale. U.S. District Judge James David Cain Jr., issued... Read More

    September 18, 2023
    by Tom Ramstack
    Hunter Biden Says IRS Invaded His Privacy After Agents Disclosed His Tax Records

    WASHINGTON — Presidential son Hunter Biden sued the Internal Revenue Service on Monday for what he calls an invasion of... Read More

    WASHINGTON — Presidential son Hunter Biden sued the Internal Revenue Service on Monday for what he calls an invasion of his privacy even as he faces unrelated felony gun charges. Biden’s lawsuit filed in U.S. District Court for the District of Columbia accuses IRS agents of... Read More

    September 18, 2023
    by Dan McCue
    California Sues Oil and Gas Giants Over Climate Change Claims

    OAKLAND, Calif. — California is suing five of the largest oil and gas companies in the world for allegedly engaging... Read More

    OAKLAND, Calif. — California is suing five of the largest oil and gas companies in the world for allegedly engaging in a decadeslong campaign of deception related to climate change and doing nothing as the state endured the growing problems related to a warming planet. The... Read More

    September 14, 2023
    by Dan McCue
    Minnesota Voters Sue to Keep Trump Off Presidential Ballot

    SAINT PAUL, Minn. — Eight Minnesota voters, including a former Minnesota secretary of state, are suing the current occupant of... Read More

    SAINT PAUL, Minn. — Eight Minnesota voters, including a former Minnesota secretary of state, are suing the current occupant of that office in a bid to keep former President Donald Trump from appearing on the state’s ballot in 2024. The lawsuit, which was filed on their... Read More

    News From The Well
    scroll top