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Can China be sued in the U.S. and forced to pay for coronavirus losses? Legal experts say no
Though President Trump and other conservatives blame China for the enormous damage inflicted here by the coronavirus, legal experts say the recent efforts to sue Beijing in U.S. courts for the trillions of dollars in losses are almost certain to fail.
That’s because of the Foreign Sovereign Immunities Act of 1976, which stands as a strong barrier to suing a foreign state, including a “political subdivision” or “instrumentality” of a foreign government. The law warns judges that a “foreign state shall be immune from the jurisdiction of the courts of the United States and of the states,” with just a few exceptions.
One is for “commercial activity” that is “carried on in the United States by a foreign state” or causes “a direct effect” here. For example, if Argentina sold bonds in this country and defaulted on them, it could be sued for the losses. Similarly, if China made a contract with California to supply medical equipment, it could be sued if it failed to deliver what was promised.
The other major exception is for terrorism. The law says a “foreign state shall not be immune” for claims arising from terrorism, including an “act of torture, extrajudicial killing, aircraft sabotage, hostage taking or the provision of material support or resources” to those who carry out such acts.
About The Author
Russell Berman
Russell Berman is a native of Fort Lauderdale, Florida. He graduated from the University of Miami School of Business with majors in Finance and Business Law, and a Minor in Real Estate (B.A. December 2000). Mr. Berman received his Juris Doctor in May 2003 from the University of Florida Levin College of Law, five years after graduating from high school. Mr. Berman focuses his practice in the areas of personal injury and personal injury protection claims, and he has successfully litigated and managed thousands of claims, recovering millions of dollars in personal injury protection benefits afforded by Automobile Insurance Policies, Medical Doctors, Doctors of Chiropractic, MRI facilities, Orthopedists, and Licensed Massage Therapists.