There are lots of jurisdictional obstacles facing this lawsuit; the main one being that the Chinese govt is generally immune under US law from lawsuits in US courts. But the Missouri AG has tried some interesting attempts here to get around this law. https://twitter.com/onlyyoontv/status/1252642868004401154
1) Missouri suing not just Chinese govt entities, but the Chinese Communist Party itself, which may not be entitled to immunity since it is technically not part of the Chinese state. So even if all of the other Chinese govt entities get immunity, the CCP may not.
2)As @edswaine notes, Missouri is trying to invoke the commercial activity exception to sovereign immunity, alleging that the nefarious Chinese govt acts themselves "commercial activities" that have a direct effect on the U.S. (this seems pretty tough to prove, factually).
3) Missouri is also alleging that the Chinese govt acts were noncommercial torts, which is also exempted from sovereign immunity. This seems at odds with their claim that China is acting in a commercial way w/r/t the virus, but alternative argmts are a litigator's best friend.
4) Assuming it gets past the immunity obstacles, Missouri is invoking its sovereign powers to sue for a "public nuisance", which is a potentially very broad cause of action used to force opioid manufacturers to settle recently. see https://www.physiciansweekly.com/u-s-judge-allows-public/
5) I am not optimistic about the Missouri's chances here given the very tough jurisdictional obstacles this lawsuit is facing. But it does pose, in a very pointed way, some totally legitimate qs for the Chinese govt. Not sure I love using US courts to pose those questions tho...
6) Another inside-baseball point: Will the Chinese govt appear in court to file a motion to dismiss? Almost certainly, yes (although in has sometimes just demanded the US govt appear on its behalf, or file a letter on its behalf). Would @SecPompeo or Barr do that?
7) Another inside-baseball point: will the Chinese Communist Party hire its own counsel to represent it, since it does have a slightly different argument to make here? Or will the Chinese govt's lawyers claim that the CCP is an arm of the Chinese govt and entitled to immunity?
8) Final inside-baseball point: Which big-time US law firm will take on the Chinese Communist Party as their client? Jones Day? Sidley? Let the beauty contest begin!
9) Final, final point: Missouri's lawsuit may be used to marshal even more support in the US Congress for lifting the Chinese govt's immunity. Is it a coincidence that Missouri's junior senator @HawleyMO has introduced a bill to do just that?
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