Coronavirus: a US state looks to sue China, but will it have its day in court?
- Suit by Missouri contends China’s actions led to the global spread of Covid-19 and directly caused harm to its residents
- Sovereign immunity suggests that lawsuits will not prevail, but the lead counsel in a 9/11 case sees a way
This is the sixth in a series exploring the global backlash that China may face as a result of its actions and rhetoric during the coronavirus pandemic. This story examines the lawsuits filed against China.
When the state of Missouri filed suit in US federal court against China, alleging it was liable for the human and economic losses the coronavirus pandemic has wreaked on state residents, the suit was shrugged off as a political stunt.
The attorney general, Eric Schmitt, a Republican, was running for re-election, and under international and US law, China, its agencies and officials, have immunity from such suits.
However, in filing the case, Schmitt and his office took care to lay out particular causes of action – Chinese officials denied the risk of human-to-human transmission, silenced whistle-blowers, violated international public health reporting regulations, and allowed the coronavirus to spread across the world – all with an eye towards getting legal traction.
The suit contends that China’s actions directly harmed Missouri; Schmitt said he was seeking “recovery for the enormous loss of life, human suffering and economic turmoil experienced by all Missourians from the Covid-19 pandemic”.
Schmitt’s suit was still dismissed by many as unlikely to succeed. Yet when asked about it, US President Donald Trump said: “I do want to see and review that lawsuit. I’m sure that will not be the last one.”