OO1 Posted April 19, 2020 Share Posted April 19, 2020 - 1 Link to comment Share on other sites More sharing options...
Bosco-d-gama Posted April 19, 2020 Share Posted April 19, 2020 Legislation has been introduced that (if passed and enacted) will allow private citizens to pursue civil suits against China. 1 Link to comment Share on other sites More sharing options...
billybob Posted April 19, 2020 Share Posted April 19, 2020 Just now, Randyh said: He Forgot test no 6------ where is the Vaccine ---------- Hope it is past the testing phase when she comes! 1 Link to comment Share on other sites More sharing options...
OO1 Posted April 19, 2020 Share Posted April 19, 2020 - Link to comment Share on other sites More sharing options...
mustang_flht Posted April 19, 2020 Share Posted April 19, 2020 Hi, News from us. If you understand French or if someone knows how to put English subtitles, thank. 1 Link to comment Share on other sites More sharing options...
BigStewMan Posted April 19, 2020 Share Posted April 19, 2020 20 minutes ago, Randyh said: Money won't bring back the dead ----- yes it will ... i saw the twilight zone episode ... Mr. Garrity and the Graves. He charged people to bring back the dead, then charged them even more to stop it from happening. 4 Link to comment Share on other sites More sharing options...
billybob Posted April 19, 2020 Share Posted April 19, 2020 8 minutes ago, mustang_flht said: Hi, News from us. If you understand French or if someone knows how to put English subtitles, thank. Saw it before here with subtitles Thanks! 1 1 Link to comment Share on other sites More sharing options...
mustang_flht Posted April 19, 2020 Share Posted April 19, 2020 Thanks to Pr Raoult and his team, Marseille (2nd largest city in France after Paris) is the region of France where there are the fewest deaths. @billybob Saw it before here with subtitles Thanks! Note: you saw that this is a new episode from 4 days ago 1 Link to comment Share on other sites More sharing options...
billybob Posted April 19, 2020 Share Posted April 19, 2020 6 minutes ago, mustang_flht said: Thanks to Pr Raoult, Marseille (2nd largest city in France after Paris) is the region of France where there are the fewest deaths. I remember our having dicussions Here... good video... thanks 1 Link to comment Share on other sites More sharing options...
richieb Posted April 19, 2020 Share Posted April 19, 2020 49 minutes ago, Randyh said: Money won't bring back the dead ----- And suing China is like suing the dead - 2 1 Link to comment Share on other sites More sharing options...
OO1 Posted April 19, 2020 Share Posted April 19, 2020 - Link to comment Share on other sites More sharing options...
Moderators Travis In Austin Posted April 19, 2020 Moderators Share Posted April 19, 2020 2 hours ago, Bosco-d-gama said: Legislation has been introduced that (if passed and enacted) will allow private citizens to pursue civil suits against China. Where? How does that work exactly? If we throw out sovereign immunity, then China gets to throw out sovereign immunity against the US, US companies and our citizens. A leading case in the common law is MIGHELL V SULTAN OF JOHORE: CA 1894. The law in the US was that the doctrine of soverign immunity was absolute up until early 1950s, and then SCOTUS opened the door to commercial disputes. This lead to the Foreign Sovereign Immunities Act (FSIA) passed in 1976. The Act is intended "to protect foreign sovereigns from the burdens of litigation, including the cost and aggravation of discovery." The Supreme Court has ruled that the protections are so board that a foreign country doesn't need to file an answer. For example, when the family of a boy who was allegedly killed by a defective hunting rifle sued the manufacturer, a company owned by the Chinese government, the manufacturer did not bother filing a response in court, it just sent the lawsuit back the the plaintiff. The company was held to be immune. https://www.courtlistener.com/opinion/2502147/walters-v-industrial-and-commercial-bank-of-china/ China and the US can sue each other over anything they have agreed to be sued over, in the jurisdiction they have agreed to, but it is pretty well established that an individual, or group of them are not going to be able to sue China, or a company under owned by the Chinese government. Somebody is either showboating to get some sort of attention, or somehow the facts on this are mixed up. Travis 3 Link to comment Share on other sites More sharing options...
BigStewMan Posted April 19, 2020 Share Posted April 19, 2020 1 hour ago, dwilawyer said: Where? Hey Travis ... one of the guys is from your fair state. The two that are introducing legislation are Crenshaw from Texas and Cotton from Arkansas. What i read was people would be able to sue in federal court and this will be done via amending the Foreign Sovereign Immunities Act. That’s all i know, but i’m sure the Chinese government is shaking in their boots ... not. sorry, just read your entire post and you already mentioned FSIA. Link to comment Share on other sites More sharing options...
OO1 Posted April 19, 2020 Share Posted April 19, 2020 -- Link to comment Share on other sites More sharing options...
MeloManiac Posted April 19, 2020 Share Posted April 19, 2020 According to President Trump, my country - Belgium - is doing worse than Spain and Italy. See pics included. Yet our Belgian experts and journalists are telling us that we are successfully 'flattening the curve'. Who is spreading fake news? Link to comment Share on other sites More sharing options...
Bosco-d-gama Posted April 19, 2020 Share Posted April 19, 2020 10 hours ago, dwilawyer said: Where? How does that work exactly? If we throw out sovereign immunity, then China gets to throw out sovereign immunity against the US, US companies and our citizens. A leading case in the common law is MIGHELL V SULTAN OF JOHORE: CA 1894. The law in the US was that the doctrine of soverign immunity was absolute up until early 1950s, and then SCOTUS opened the door to commercial disputes. This lead to the Foreign Sovereign Immunities Act (FSIA) passed in 1976. The Act is intended "to protect foreign sovereigns from the burdens of litigation, including the cost and aggravation of discovery." The Supreme Court has ruled that the protections are so board that a foreign country doesn't need to file an answer. For example, when the family of a boy who was allegedly killed by a defective hunting rifle sued the manufacturer, a company owned by the Chinese government, the manufacturer did not bother filing a response in court, it just sent the lawsuit back the the plaintiff. The company was held to be immune. https://www.courtlistener.com/opinion/2502147/walters-v-industrial-and-commercial-bank-of-china/ China and the US can sue each other over anything they have agreed to be sued over, in the jurisdiction they have agreed to, but it is pretty well established that an individual, or group of them are not going to be able to sue China, or a company under owned by the Chinese government. Somebody is either showboating to get some sort of attention, or somehow the facts on this are mixed up. Travis Travis - Thanks for the response. I figured there’d be a lot more to this than I understood. The bill was introduced by 2 of our national legislators. Supposedly it was ‘allowable’ due to some ‘terrorism’ legal accommodation? Your knowledge on these matters is such a treat. Much appreciated. Link to comment Share on other sites More sharing options...
richieb Posted April 19, 2020 Share Posted April 19, 2020 12 hours ago, richieb said: And suing China is like suing the dead - What did I say? I’m sure the finest legal minds in China are staying up late writing this defense? Anyone Can sue anyone - So? Link to comment Share on other sites More sharing options...
JL Sargent Posted April 19, 2020 Share Posted April 19, 2020 52 minutes ago, ILI said: Who is spreading fake news? That's weird. Why would Trump want Belgium to look bad? Link to comment Share on other sites More sharing options...
DizRotus Posted April 19, 2020 Share Posted April 19, 2020 20 minutes ago, JL Sargent said: That's weird. Why would Trump want Belgium to look bad? Waffles? 1 3 Link to comment Share on other sites More sharing options...
Jeff Matthews Posted April 19, 2020 Share Posted April 19, 2020 11 hours ago, dwilawyer said: Where? How does that work exactly? If we throw out sovereign immunity, then China gets to throw out sovereign immunity against the US, US companies and our citizens. A leading case in the common law is MIGHELL V SULTAN OF JOHORE: CA 1894. The law in the US was that the doctrine of soverign immunity was absolute up until early 1950s, and then SCOTUS opened the door to commercial disputes. This lead to the Foreign Sovereign Immunities Act (FSIA) passed in 1976. The Act is intended "to protect foreign sovereigns from the burdens of litigation, including the cost and aggravation of discovery." The Supreme Court has ruled that the protections are so board that a foreign country doesn't need to file an answer. For example, when the family of a boy who was allegedly killed by a defective hunting rifle sued the manufacturer, a company owned by the Chinese government, the manufacturer did not bother filing a response in court, it just sent the lawsuit back the the plaintiff. The company was held to be immune. https://www.courtlistener.com/opinion/2502147/walters-v-industrial-and-commercial-bank-of-china/ China and the US can sue each other over anything they have agreed to be sued over, in the jurisdiction they have agreed to, but it is pretty well established that an individual, or group of them are not going to be able to sue China, or a company under owned by the Chinese government. Somebody is either showboating to get some sort of attention, or somehow the facts on this are mixed up. Travis A key point you mentioned is that a government may waive sovereign immunity. I don't know, but I suspect there are at least some limited waivers in our international trade agreements. Link to comment Share on other sites More sharing options...
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