Connect with us

Midwest

Judges let Missouri lawsuit accusing China of pandemic-era PPE hoarding proceed

Published

on

Judges let Missouri lawsuit accusing China of pandemic-era PPE hoarding proceed
  • A lawsuit by the state of Missouri, which accuses China of hoarding masks and other protective equipment, may proceed, a judicial panel ruled Wednesday.
  • An Eighth District Court of Appeals panel, which otherwise dismissed Missouri’s standing to sue a sovereign foreign entity, allowed the hoarding claim alone to proceed.
  • “Missouri’s overarching theory is that China leveraged the world’s ignorance about COVID-19,” Judge David Stras wrote. “Missouri must still prove it, but it has alleged enough to allow the claim to proceed beyond a jurisdictional dismissal on the pleadings.”

A Missouri lawsuit accusing China of hoarding masks and other protective gear during the COVID-19 pandemic can move forward, federal judges ruled Wednesday.

A panel of the U.S. Eighth District Court of Appeals panel, however, otherwise agreed with a lower court’s 2022 ruling that tossed out Missouri’s case entirely, finding that federal rules prohibit a sovereign foreign entity from being sued in American courts. The state alleged that China’s officials were to blame for the pandemic because they didn’t do enough to slow its spread.

The appeals panel found that only one claim may proceed: an allegation that China hoarded personal protective equipment.

FAUCI TO BE GRILLED BY HOUSE GOP ON COVID ORIGINS, FUTURE PANDEMICS

“Missouri’s overarching theory is that China leveraged the world’s ignorance about COVID-19,” Judge David Stras wrote in the ruling. “One way it did so was by manipulating the worldwide personal-protective-equipment market. Missouri must still prove it, but it has alleged enough to allow the claim to proceed beyond a jurisdictional dismissal on the pleadings.”

Chief Judge Lavenski Smith dissented, writing that the whole lawsuit should be dismissed.

Advertisement

Republican Missouri Attorney General Andrew Bailey speaks to reporters after taking the oath of office in Jefferson City, Mo., on Jan. 3, 2023. (AP Photo/David A. Lieb, File)

“Immunity for foreign states under the Foreign Sovereign Immunities Act, while not impenetrable, is quite stout and stronger than the claim alleged in this case,” Smith wrote. “It is certainly not strong enough to justify judicial intervention into an arena well populated with substantial political and diplomatic concerns.”

Missouri Republican Attorney General Andrew Bailey, whose office filed the lawsuit, lauded the ruling Wednesday on X, formerly known as Twitter.

“We are headed back to court to pursue remedies,” he posted.

The lawsuit, filed in April 2020, alleged that Chinese officials were “responsible for the enormous death, suffering, and economic losses they inflicted on the world, including Missourians.”

Advertisement

Neither the Chinese government nor any other Chinese defendant named in the case has responded to the lawsuit in court.

The Lawyers for Upholding International Law and The China Society of Private International Law filed briefs defending China against the lawsuit. Associated Press emails and voice messages left with lawyers for the groups were not immediately returned Wednesday.

China has criticized the lawsuit as “very absurd” and said it has no factual and legal basis. Legal experts have mostly panned it as a stunt aimed at shifting blame to China for the COVID-19 pandemic.

Read the full article from Here

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Detroit, MI

Police search for suspect, accomplice after teen injured in shooting outside Detroit school gym

Published

on

Police search for suspect, accomplice after teen injured in shooting outside Detroit school gym



The Detroit Police Department is searching for a suspect and an accomplice in connection with a shooting last week that injured a teen outside a school gym.

The shooting happened in the 3400 block of St. Aubin, the same area where the Detroit Edison Public School Academy’s Early College of Excellence is located. Police say that at about 8:27 p.m. on Feb. 27, there was an altercation inside the gym that continued outside. 

Detroit police are searching for a suspect and their accomplice in connection with a shooting outside a school.

Advertisement

Detroit Police Department


Police say the suspect allegedly fired multiple shots at the victim, striking him. The teen was taken to a hospital for treatment. His current condition is unknown.

Police say the accomplice who was with the suspect was also armed.

Anyone with information is asked to call DPD’s seventh precinct at 313-596-5740, Crime Stoppers at 800-Speak Up or DetroitRewards.tv.

Advertisement



Source link

Advertisement
Continue Reading

Milwaukee, WI

Milwaukee Common Council opposes We Energies’ data center rate plan

Published

on

Milwaukee Common Council opposes We Energies’ data center rate plan


play

The Milwaukee Common Council has called on state utility regulators to reject We Energies’ data center rate proposal in its current form.

The council unanimously adopted a resolution March 3 opposing We Energies’ proposal to create a separate energy rate for large-scale data centers, saying the plan does not go far enough to protect ratepayers.

Advertisement

At the same time, a group of council members led by District 14 Ald. Marina Dimitrijevic is drafting a six-month moratorium on data center development in the city of Milwaukee.

We Energies’ plan “is not a good deal for Milwaukeeans,” Dimitrijevic said during a Common Council meeting March 3.

We Energies’ proposal would create a separate energy rate for “very large” customers with an expected load of 500 megawatts or more. These very large customers, which include data center developers like Microsoft and Vantage, would pay for the massive amount of new infrastructure being built to serve them.

In October, We Energies filed plans to build more than $5 billion in new solar projects and natural gas plants to meet electricity demand brought by hyperscale data centers.

Advertisement

The utility says its rate plan protects customers from bearing costs associated with these projects, and hold data center companies responsible for costs through the life of the new assets.

“Our proposal is fair, transparent, and establishes strong safeguards — including binding agreements so data centers owners, not other customers, pay for the infrastructure they require,” We Energies spokesperson Brendan Conway said in a statement. “That means Wisconsin families are not subsidizing these projects.”

The resolution, introduced by Dimitrijevic, calls for stronger ratepayer protections, including binding service agreements that last the life of new infrastructure and include termination charges. It also wants the “very large” customer threshold lowered from 500 megawatts to prevent avoidance by data center companies.

In filings submitted to the Public Service Commission, We Energies said it would be willing to lower the threshold to 250 megawatts.

The resolution took particular issue with We Energies’ proposed cost split for the new natural gas plants. Under the current proposal, data center companies would pay for 75% of operating and maintenance, and other ratepayers would cover the remaining 25% as well as annual fuel costs.

Advertisement

We Energies says the plants will serve all customers as demand for energy is projected to rise across rate classes.

“If data centers never existed, we would’ve had to have built other plants, other power generation to meet our customers’ increasing need,” Conway previously told the Journal Sentinel.

The resolution said data center companies should pay “100% of all incremental and fixed costs required to serve them, including generation capacity, operations and maintenance, and fuel costs attributable to serving the data center load.”

Council members’ concerns echo those brought by environmental and consumer advocacy groups during a public hearing Feb. 10. The Public Service Commission will rule on the proposal by May 1.

This is not the first time the City of Milwaukee has weighed in on We Energies cases brought before the Public Service Commission. It’s intervened in opposition to previous energy rate hikes proposed by the utility, arguing they disproportionately burden thousands of low-income Milwaukee households.

Advertisement

In December, Dimitrijevic proposed a six-month moratorium on data center development in the city. The pause will give council members time to establish a regulatory framework for large-scale data center proposals, she told the Journal Sentinel.

“Sometimes the economy moves so quickly that we haven’t been able to catch up in licensing,” Dimitrijevic said. “We have to set up a careful way to regulate it and have public input.”

A group of aldermen want to require data center developers apply for a special use permit through the Milwaukee Zoning Appeals Board, a process they say creates more transparency. Should this pass, large data center proposals would be subject to public hearings, and the Zoning Appeals Board can reject a plan based on public health concerns.

The moratorium will receive a public hearing in the next few weeks.

This article was updated to include new information.

Advertisement

Francesca Pica can be reached at fpica@usatodayco.com.



Source link

Continue Reading

Minneapolis, MN

Whitefish council creates proclamation in solidarity with city, citizens of Minneapolis

Published

on

Whitefish council creates proclamation in solidarity with city, citizens of Minneapolis


The Whitefish City Council in February presented and signed a proclamation expressing solidarity with the city and citizens of Minneapolis.

The proclamation states that Whitefish mourns the loss of life that occurred in Minneapolis and stands in solidarity with its residents.

It reaffirms the city’s commitment to equal treatment under the law and emphasizes that peaceful protest is a fundamental American right.

The proclamation was supported by five of the six council members.

Advertisement

Mayor John Muhlfeld said the action was meant to reaffirm the city’s values.

“A mayoral proclamation that is supported by five of six City Council members supporting solidarity with the city and citizens of Minneapolis, Minnesota, and reaffirming our supportive, just, equal and welcoming community,” Muhlfeld said. “I think this is somewhat overdue. Our town’s been through a lot over the years, This is more importantly to reaffirm our values as a council with our community because we care deeply about you.”

Over the last year, Whitefish has faced criticism amid rising tensions surrounding the Department of Homeland Security.

Comment with Bubbles

BE THE FIRST TO COMMENT

Advertisement

View the full proclamation below.



Source link

Continue Reading
Advertisement

Trending