Class-action lawsuits against China seeking retribution for damage caused by the COVID-19 pandemic are being filed in courts across the country, reflecting mounting outrage over the conduct of the communist regime in Beijing.
A Harris poll released this month revealed bipartisan distrust among Americans against the Chinese government over its statements about the coronavirus pandemic, and a Pew Research Center poll last month found Americans’ unfavorable view of China is at a record high.
Americans are taking out their frustrations in the courts, seeking payment for the economic losses suffered from the pandemic, which U.S. officials say could have been curtailed had China been more forthcoming initially about the virus.
Small business owners in California, Nevada and Florida have filed lawsuits against China demanding payment for economic losses and accusing the country of negligence and attempting to cover up the coronavirus outbreak.
A 20-page complaint filed in federal court in Florida last month detailed how China censored doctors as early as January about the virus, knew it spread human to human but did not disclose the information immediately, and attempted to conceal the country’s real number of COVID-19 deaths and cases.
The lawsuits face several hurdles, according to legal experts.
Brian Fitzpatrick, a law professor at Vanderbilt, said the more individuals who join a single class-action lawsuit increases the difficulty in getting a court to certify the class, as plaintiffs must have more in common than differences.
“These cases might be too ambitious for their own good,” Mr. Fitzpatrick said.
He also noted the Foreign Sovereign Immunities Act can make it an uphill climb to build a winning case against a foreign country such as China, which tends to be shielded against being brought to U.S. courts.
“I suspect restitution from China will have to be won through the diplomatic process if it is won at all,” Mr. Fitzpatrick said.
Several Republican lawmakers have moved to change federal law to make an exception for going after China over COVID-19-related cases.
Sen. Tom Cotton, Arkansas Republican, introduced legislation to expose China to litigation that is similar to the 2016 Justice Against Sponsors of Terrorism Act that allowed families of the victims of the Sept. 11, 2001, terrorist attacks to sue Saudi Arabia for damages.
Some states have taken initiative in filing suit against the communist regime. The attorneys general in Missouri and Mississippi have said they are suing China on behalf of their states, which have suffered economic losses from the shutdowns caused by the pandemic.
The Chinese Foreign Ministry dismissed the Missouri lawsuit, saying the Communist Party was straightforward about the virus.
“This kind of lawsuit has no factual or legal basis. It only invites ridicule,” said Greg Shuang, a spokesman who spoke to reporters.
He called the action “frivolous,” saying U.S. courts can’t reach the Chinese government.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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