From Missouri ex rel. Schmitt v. People's Republic of China, decided Friday by Judge Stephen N. Limbaugh, Jr. (E.D. Mo.) (fun fact: he's the late Rush Limbaugh's cousin):
Amidst the wreckage of the COVID-19 pandemic, plaintiffs across the United States have filed civil suits seeking damages against the People's Republic of China and related entities for their role in the pandemic. This is one such suit. Plaintiff, the State of Missouri ex rel. Missouri Attorney General Eric Schmitt ("Plaintiff"), sues nine Chinese defendants for injuries suffered within the State of Missouri because of the pandemic…. [T]he Court determines that it has no power under the [Foreign Sovereign Immunities Act] to decide the merits of the case and dismisses the complaint for lack of subject matter jurisdiction….
The complaint names as defendants (1) the People's Republic of China (PRC), (2) the Communist Party of China (CCP), (3) PRC's National Health Commission, (4) PRC's Ministry of Emergency Management, (5) PRC's Ministry of Civil Affairs, (6) People's Government of Hubei Province, (7) the People's Government of Wuhan City, (8) the Wuhan Institute of Virology (WIV), and (9) the Chinese Academy of Sciences (CAS).
The following is a broad-brush summary of the complaint's allegations, with details added later in the opinion as needed to address the legal issues.
