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China getting sued??

Multiple parties are coming after China for Covid 19

By Bayano AliPublished 4 years ago 3 min read
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According to multiple sources China is facing at least four class action lawsuits in regards to the spread of the deadly coronavirus outbreak in North America.The combined litigation against China would possibly exceed Trillions of Dollars.California,Missouri,Florida and others are leading the charge alleging negligence on China's part for not disclosing the outbreak to the international community.Larry Klayman who is a lawyer and founder of the group Freedom Watch claims that China released a "biological weapon" and also asserts that China has no immunity because of certain violations of international law according to Newsweek.Being that China is a important trade partner with the U.S. and holds a significant amount of America's debt obligations this could cause some tension for years to come.Foreign minister spokesman Geng Shuang of China thinks the lawsuit brought by the State of Missouri is "absurd" and it lacks any legal basis.In the complaint filed by the Berman Law Group a firm based in Boca Raton Florida it gives a brief explanation on where the virus may have stemmed from , it cites "Furthermore, there are only two known Chinese government bio-weapon

research in the PRC labs and one of them — the National Biosafety Laboratory at the

Wuhan Institute of Virology — is, at its name suggests, in Wuhan, and is close in

proximity to the marketplace where COVID-19 allegedly originated. It is considered

China’s only “level 4” microbiology lab – meaning it deals with the deadliest of viruses.

An alternative theory here is that COVID-19 escaped from the Wuhan lab because of

lax controls, or that Chinese researchers sold lab animals to the marketplace in

question, as researchers have been known to do in China, instead of cremating them as

PRC law requires. In either case, such conduct, as an alternative theory, has caused

the pandemic. "This argument seems to be the plausible theory of many others in regards to the release of the virus on the world population but this theory hasn't been totally proven. Justsecurity.org a website that deals with legal matters points out certain hurdles these attorneys may be up against especially the Foreign Sovereign Immunities Act ." The FSIA is an unusual statute in that it provides federal courts with both personal and subject-matter jurisdiction over a foreign state if—and only if—an applicable exception applies. (This 2013 Federal Judicial Center guide to the FSIA, written by David Stewart, remains a valuable resource.) The complaints here allege that two exceptions apply: § 1605(a)(2) for a commercial activity with a sufficient U.S. nexus, and § 1605(a)(5) for a territorial tort. Yet, the complaints utterly fail to specify what relevant commercial activity any of the Chinese defendants engaged in, let alone how that activity has a sufficient U.S. nexus."Also Gary Osen, a New Jersey-based attorney, who has won landmark judgments against foreign governments agrees that China’s response to the virus, “in terms of suppressing information, lying about the spread and nature of the virus, and so on,” appears to have worsened the crisis, he considers the legal hurdles all but insurmountable. China’s alleged mishandling of the outbreak, Osen notes, involves “classic sovereign functions: how you administer your health system, what information you disseminate, whether truthful or not — these are classic governmental, as opposed to commercial, functions. Osen states“I’m not famous for picking horses” he says. “But I think it’s very unlikely this would ever get in front of a jury. Look, the Chinese government has plenty to answer for, but that doesn’t mean it’s going to be answering for it in a federal court.The case has been filed in the southern district of Florida. California-based small businesses have also sued China, its Health Commission and the city of Wuhan for $8 trillion accusing its government of withholding information pertaining to the existence and spread of the coronavirus despite knowing about the virus as early as the end of 2019, court papers show Fox Business News and TMZ reports. I speculate these legal entanglements will be very long and drawn out.Even if the injured parties won't prevail this may deter certain actors to take public health issues more seriously.

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About the Creator

Bayano Ali

EDM DJ,Investigative Journalist and researcher that covers a wide spectrum of topics.Happy Blogging!

Catch my column on www.uspa24.com under Bayano Ali

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