A recent ruling by federal judges states that a lawsuit against China for stockpiling masks and other protective equipment during the COVID-19 crisis in Missouri can proceed.

A panel from the U.S. Eighth District Court of Appeals concurred with a previous ruling in 2022 by a lower court, which dismissed Missouri’s case entirely. It was determined that according to federal regulations, a foreign entity cannot be sued in American courts. The state had accused Chinese officials of being responsible for the pandemic due to their failure to take sufficient action to contain its spread.

The panel determining appeals concluded that only one accusation may move forward: a claim that China stockpiled personal protective gear.

Missouri’s main argument is that China took advantage of the global lack of knowledge about COVID-19, as stated by Judge David Stras in the ruling. One tactic used was influencing the global market for personal protective equipment. While Missouri still needs to provide evidence, they have made enough allegations for the claim to continue after being dismissed based on jurisdiction.

Judge Lavenski Smith, in opposition, stated that the entire lawsuit should be dropped.

The protection for foreign countries according to the Foreign Sovereign Immunities Act may not be completely impenetrable, but it is robust and more powerful than the claim made in this particular case, according to Smith. It does not provide enough justification for the court to intervene in an area that is heavily influenced by political and diplomatic issues.

The lawsuit, filed by Republican Attorney General Andrew Bailey of Missouri, received praise for its ruling on Wednesday regarding X, previously recognized as Twitter.

“We will be returning to court to seek solutions,” he shared.

In April 2020, a lawsuit was brought forth claiming that Chinese officials were accountable for causing significant loss of life, pain, and financial harm to the global community, including residents of Missouri.

The Chinese government and other defendants from China named in the case have not yet answered the lawsuit in court.

The Lawyers for Upholding International Law and The China Society of Private International Law submitted legal documents in support of China in the lawsuit. However, requests for comment from the groups’ lawyers, made through email and voicemail by the Associated Press, were not responded to on Wednesday.

The Chinese government has denounced the lawsuit as “ridiculous” and stated that it lacks any factual or legal support. Legal professionals have largely disapproved of it, viewing it as a mere ploy to redirect responsibility onto China for the COVID-19 outbreak.