Midwest
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.
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“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.
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.”
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.
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Midwest
Terrifying moment caught on camera as road collapse suddenly swallows vehicles at busy intersection
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Dramatic video showed the moment a road collapsed below two unsuspecting motorists near the University of Nebraska-Omaha Tuesday, sending their vehicles feet below ground.
Footage taken by university security cameras appeared to show the two vehicles rolling up to an intersection, side-by-side, before a car pulled up behind them, seemingly triggering the collapse.
Emergency crews responded to the incident at 67th and Pacific streets at about 3:30 p.m., local outlet WOWT reported.
The collapse appeared to be triggered by a pickup truck behind the two cars. (UNO Public Safety/TMX)
The vehicles’ occupants had escaped the hole by the time authorities arrived.
“This caught everybody by surprise,” University of Nebraska-Omaha Public Safety Lt. Dan Martin told the outlet.
Dust could be seen as the vehicles fell into the pavement. (UNO Public Safety/TMX)
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No injuries were reported, though WOWT reported a water main broke during the collapse.
It is unclear what led to the collapse.
The outlet reported a heavy-duty tow truck with a crane retrieved the cars a few hours later, and crews worked to pull concrete from the crater.
It is unclear what led to the road collapse. (UNO Public Safety/TMX)
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Martin warned the sinkhole could expand, though it appears no additional sinkholes had been spotted as of Wednesday night.
Officials told WOWT the street will remain closed for “several days,” and motorists should avoid the area.
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Detroit, MI
Michigan State Police sends message to drivers after trooper involved in hit and run:
“Slow down and move over” is the message that Michigan State Police is sending to drivers after one of its troopers in a parked patrol car was struck while investigating a crash this weekend. The driver of that vehicle fled the scene.
Michigan State Police tells CBS News Detroit that we’re two months into the year, and it has had six incidents across the state where patrol cars were struck by oncoming vehicles. One of those incidents occurred on Sunday evening.
“Could have been much more tragic,” said MSP Lieutenant Rene Gonzalez, First District public information officer.
Gonzalez says on Sunday, an MSP trooper was near M-10 and Schaefer Highway in Detroit, simply doing his job, when his patrol car was hit from behind.
“Trooper was out there, and he was investigating a crash when, at the time, a Jeep SUV drove into the rear of the parked vehicle,” Gonzalez said.
The impact slid the trooper’s car into a concrete wall. The 29-year-old Detroit woman driving the Jeep SUV struck the center median, got out of the vehicle, and ran away.
“Not sure why they did it. Maybe not paying attention if they were distracted. They’re attempting to locate her at this time,” said Lt. Gonzalez.
The trooper walked away with minor injuries. Gonzalez says this incident is an example of why Michigan’s Move Over Law was put in place many years ago. The law, which went into effect in 2019, requires drivers to move over into the next lane and reduce their speed by at least 10 mph when emergency or service vehicles — police, fire, rescue, ambulance and road service — have their lights activated.
Drivers who are not able to move over are still required to reduce their speed.
“Trying to do our jobs, however, people are not paying attention. The law is easy. It’s simple. You see us, you see our lights activated, you have to slow down ten miles below the posted speed limit, and then if able, move over to the next occupied available lane,” Gonzalez said.
Gonzalez says crashes like this can be deadly and often avoided.
“One life lost over something that was a totally preventable crash, it’s way too much. We’re asking that you slow down and move over when you see our lights. It’s a simple message that we’ve been pushing out for years,” he said.
Sunday’s crash remains under investigation. Michigan State Police detectives are still working to track down the 29-year-old suspect.
In the meantime, police are out enforcing the Move Over Law.
Milwaukee, WI
Milwaukee Bucks injury report: Is Giannis playing tonight vs. Celtics?
Porter has helped the Bucks stay afloat; what’s his Milwaukee future?
Kevin Porter Jr. has helped the Milwaukee Bucks stay afloat without an injured Giannis Antetokounmpo; what’s Porter Jr.’s future in Milwaukee?
The Milwaukee Bucks host the Boston Celtics at Fiserv Forum just over 24 hours after one of their most disappointing losses of the season, when they scored just eight fourth-quarter points and gave up a 39-point swing in the second half in a blowout loss at Chicago on March 1.
Boston comes into town as one of the league’s hottest teams having won eight of its last 10 and after beating Philadelphia on March 1. The Celtics (40-20) are currently the No. 2 seed in the Eastern Conference and are looking to stay in front of New York.
The Bucks (26-33), meanwhile, had been winning games but have dropped two in a row and three of their last five. In those three losses, all to teams currently in the Eastern Conference playoff picture, the team failed to score 100 points.
Is Giannis playing?
Yes.
Giannis Antetokounmpo began the day as questionable to play, and was upgraded to available after his pregame workout. It was the first time he had been listed as anything other than “out” since reinjuring his calf on Jan. 23. The game will mark the return of the former two-time MVP, who has missed the last 15 games with a strain of his soleus muscle in his right calf.
What is the Bucks record without Giannis?
11-17.
Milwaukee is 15-15 when Antetokounmpo plays any number of minutes. They are 1-2 when he has exited games early due to injury.
Is Jayson Tatum playing?
No.
Boston’s all-NBA wing is continuing to work his way back from a torn Achilles tendon suffered during the playoffs in May. Tatum has been doing five-on-five work lately.
Boston Celtics injury report
- Jayson Tatum, out (Achilles)
- Jaylen Brown, out (illness)
- Neemias Queta, out (rest)
Taurean Prince, out (neck surgery)
Giannis Antetokounmpo, questionable (right calf strain)
Bucks probable starters
- Guard: AJ Green, Ryan Rollins, Kevin Porter Jr.
- Forward: Giannis Antetokounmpo
- Center: Myles Turner
What time is the Bucks game?
The game is scheduled to begin at 6:30 p.m. CT.
What channel is the Bucks game on?
The game will be broadcast locally on FanDuel Sports Network Wisconsin with Lisa Byington, Wesley Matthews and Melanie Ricks on the call. The game was originally supposed to be a national broadcast on Peacock but was moved to NBA TV.
NBA playoff standings
The Bucks are currently out of the postseason picture entirely. Here are the play-in standings in the Eastern Conference heading into game play on March 2:
No. 7: Orlando (31-28): The Bucks and Magic have split the season series 1-1. The Bucks host the Magic on March 8.
No. 8: Miami (32-29): The Bucks and Magic have split the season series 1-1. Milwaukee travels to Miami on March 12.
No. 9: Atlanta (31-31): The Bucks lead the season series 1-0. The Bucks host the Hawks on March 4 and then travel to Atlanta on March 14.
No. 10: Charlotte (30-31): The Bucks own the tiebreaker over the Hornets having won the season series 3-1.
No. 11: Milwaukee (26-33): The Bucks have had better luck against the play-in teams to date, as they are just 5-13 against the top six seeds in the conference.
“We say we didn’t play ourselves out of it,” Bucks head coach Doc Rivers said. “Obviously I’m competitive. I think we should’ve had an even better record. But, not having your best player for that long and staying above .500 is huge for us. It’s funny, when he went out (Jan. 23) the talk around me was ‘being .500’ and I was like we can be better than that. We were. I’ll take it. But, never satisfied.”
The four teams in the play-in will face one another to determine the final two playoff teams (which will face the top two seeds). Teams that hold the Nos. 7 and 8 seeds only have to win one game to advance, teams that hold the Nos. 8 and 9 seeds must win twice to advance
Bucks vs. Celtics odds
Boston is a 7.5-point favorite over Milwaukee with the over/under set at 216.5 points, per BetMGM.
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