Judge throws out Missouri AG’s COVID-19 suit against China
National News
A federal judge on Friday threw out a lawsuit by Missouri Republican Attorney General Eric Schmitt that blamed China for the coronavirus pandemic.
U.S. District Judge Stephen Limbaugh said in his 38-page ruling that in this case federal rules prohibit a sovereign foreign entity from being sued in American courts.
“All in all, the court has no choice but to dismiss this novel complaint for lack of subject matter jurisdiction,” Limbaugh stated in the final line of the dismissal order. The judge noted earlier in the opinion that the civil suit against China is one of many filed “amidst the wreckage of the COVID-19 pandemic.”
Schmitt’s office said it would appeal the ruling.
The complaint filed in April 2020 alleges that Chinese officials are “responsible for the enormous death, suffering, and economic losses they inflicted on the world, including Missourians.” Schmitt said the Chinese government lied about the dangers of the virus and didn’t do enough to slow its spread.
China criticized the lawsuit as “very absurd” and said it has no factual and legal basis. Schmitt called the lawsuit historic, but legal experts mostly panned it as a stunt aimed at shifting blame to China for the COVID-19 pandemic.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.