新语丝社在美国的注册地点于昨天收到肖传国的律师派人送达的诉状。
武汉华中科技大学同济医学院教授、纽约大学临床副教授肖传国于2006年12月5日向美国联邦纽约东区法庭指控新语丝网站在2006年9月7日刊登美国西北大学神经学教授饶毅向中国法庭出具的专家意见书《对肖传国起诉方舟子一案的意见书》一事损害其名誉，导致他没能当选中国科学院院士（按：肖落选院士一事发生于2005年10月），并索赔100万美元。新语丝社将积极应诉，并考虑提起反诉。欢迎在美的法律专业人士提供法律援助。
以下为肖传国递交的诉状。（方舟子声明：我是中国公民，不是肖传国诉状指称的“美国公民”。对肖传国诉状中的其他种种不实之辞，将在以后给法庭的答辩中一一指出）
CASE NUMBER CV 06 6438
Clerk: Robert C. Hernemann
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CHUAN-GUO XIAO, Index No.
Plaintiff,
- against - COMPLAINT
YI RAO, SHIMIN FANG and
NEW THREADS CHINESE
CULTURAL SOCIETY, INC.
Defendants.
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Nature of the Action
1. Plaintiff, Chuan-Guo Xiao, brings this action for defamation toredress false written statements maliciously made and published bydefendants. Plaintiff, a resident of Brooklyn is defamed in thearticle “My Opinions On The Libel Suit Brought by Xiao Chuan-GuoAgainst Fang Shi-Min,” (henceforth “My Opinions”) written bydefendant YI RAO and published on the internet by defendants SHIMINFANG and NEW THREADS CHINESE CULTURAL SOCIETY, INC., and thereafterand as a result published by the print and internet editions of thePeople’s Daily, a leading Chinese-language news source. The articleis a sustained and malicious assault upon plaintiff’s reputation,falsely and with malice claiming plaintiff has a “very low level ofacademic achievement” and has failed to demonstrate that “he reallyknows science at all,” plus other similar statements. The articlegoes on to state, falsely and with malice, that Plaintiff is eithermentally retarded or a “psychopath.” The author claims himselfqualified to make such judgments, since he is “very familiar with theChinese biomedical community,” has “in depth knowledge aboutbiomedical history and evolution in China,” is “well connectedwithin international neuroscience circle.”
2. The truth is that Chun-Guo Xiao is a highly-regarded academicurologist who is internationally recognized for his pioneering workrelated to bladder problems related to spinal cord injury, and haspioneered a novel procedure for the rehabilitation of such spinal-cordrelated bladder dysfunction. This novel procedure has enabled victimsof such injury to void without the aid of a catheter, thereby avoidingthe serious risks of infection associated with constant catheter useand thereby increasing life expectancy.
3. Upon information and belief, defendants Yi Rao, Shimin Fang and NewThreads Chinese Cultural Society, Inc. knew all of the true facts setforth in paragraph 2 above, yet they published the defamation knowingit was untrue and without regard to its effect on plaintiff.
4. As a result of these knowingly false assertions, plaintiff hassuffered injury to his personal and professional reputation, greatemotional and psychological distress, loss of business and careeropportunities, and specifically was denied an appointment to theChinese Academy of Science. All defendants are therefore jointly andseverally liable for compensatory and exemplary damages.
JURISDICTION AND VENUE
5. This Court has diversity jurisdiction pursuant to 28 U.S.C.§ 1332(a)(2) in that Plaintiff is a citizen of China domiciled inChina, who resides in the State of New York as a lawful alien;defendant Yi Rao is a United States Citizen domiciled in the State ofIllinois; defendant Shimin Fang is a United States Citizen domiciledin the State of California; and defendant New Threads Chinese CulturalSociety, Inc. is a New York State corporation with its principal placeof business in New York State. The matter in controversy exceeds,exclusive of interests and costs, the sum specified by 28 U.S.C.§ 1332.
6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(a)because a substantial amount of the events giving rise to the claimoccurred in the Southern District of New York.
THE PARTIES
Chun-Guo Xiao
7. Plaintiff, Chun-Guo Xiao, is a Clinical Associate Professor on thefaculty of New York University School of Medicine. He is a citizen ofChina, maintains his domicile in China, and is an alien lawfully inthis country, residing in Brooklyn, County of Kings, State of New York..
8. Throughout his career of public service and private practice,plaintiff has always developed an excellent reputation for academic,scientific and medical achievement in his profession. Doctor Xiao isthe only person in the history of the American Urological Associationto be the recipient of the distinguished Jack Lapides award on twoseparate occasions. This award is one given by the AmericanUrological Association for outstanding work in the field of Urology.
9. Plaintiff's academic career, as well as his private medicalpractice depend on his reputation for academic, scientific, andmedical achievement.
Yi Rao
10. Defendant Yi Rao is a professor of neurology at the North WesternUniversity School of Medicine, in Illinois
11. Upon information and belief, defendant Yi Rao is the author of“My Opinions.”
12. Defendant Yi Rao is a resident of Chicago, Illinois. He is acitizen of the United States.
New Threads Chinese Cultural Society, Inc.
13. Upon information and belief, defendant New Threads ChineseCultural Society, Inc., is a New York not-for-profit corporation,incorporated in Onandanga County, New York, and with its principalplace of business in Liverpool, Onandanga County, New York. One of itsprimary business operations is the publication of New Threads magazine,a daily internet magazine. The defendant corporation and the magazineare operated by defendant Shimin Fang, who is also its President andDirector of the defendant corporation. The defendant corporation isknown for sensationalist journalism, particularly muckraking articlesassaulting the reputations of prominent Chinese citizens.
14. Defendant New Threads Chinese Cultural Society, Inc. published anonline edition of the article “My Opinions” on or about September 6,2006, and has continued to publish the article online thereafter.
Shimin Fang
15. Defendant Shimin Fang is the President and Director of defendantNew Threads Chinese Cultural Society, Inc. On prior occasions, notdirectly the subject of this lawsuit, defendant Shimin Fang wrotelibelous claims about plaintiff, which he and New Threads ChineseCultural Society, Inc. arranged to have published in the New Threadsinternet magazine. After plaintiff successfully sued Shimin Fang forlibel for these statements, Shimin Fang, in retaliation and withmalicious motives, arranged for the libelous article “My Opinion,”
ostensibly written by Yi Rao, to be published by New Threads ChineseCultural Society, Inc. and elsewhere.
16. Shimin Fang is a resident of the City of San Diego, County of SanDiego, State of California. He is a citizen of the United States.
The Untrue Statements in “My Opinions”Concerning Chun-Guo Xiao
17. Defendant Yi Rao’s article, “My Opinion,” consists of asustained assault upon plaintiff’s reputation, wherein defendant YiRao claims plaintiff has a “very low level of academic achievement”
and has failed to demonstrate that “he really knows science at all”
or is any better than “the students taught by my students,” and that“[i]f he ever becomes an academician, he will surely set the recordfor the lowest standing.” The article goes on to express defendantYi Roa’s belief that Plaintiff must be mentally defective.
18. Although Yi Roa, in his article, continually and in an exaggeratedtongue-in-cheek fashion, characterizes his defamatory statements as“opinions,” this is little more than a legalistic ploy, andevidently intended to be understood as such by the readers. Thebeginning of the article, Yi Roa strains to characterize himself as aperson with connections and expertise within the internationalneuroscience community and the Chinese biomedical community, so as toestablish that he is qualified to assess the academic reputation ofPlaintiff, Chun-Guo Xiao.
19. An English Translation of “My Opinion” is attached hereto asExhibit A and incorporated herein by reference.
20. The article “My Opinion,” in Chinese, continues to bedisseminated widely throughout the United States and in othercountries via the internet.
Defamation and Damages
21. The statements referred to in paragraph 15 above, published bydefendants of and concerning plaintiff, are materially false anddefamatory and impute to plaintiff general professional and academicincompetence, total lack of fitness for his profession, and evenmental illness. Defendants published these statements wantonly andrecklessly, with reckless disregard for its injurious effect uponplaintiff.
22. By reason of the above, plaintiff has suffered emotional anguish,and been injured in his character and reputation in the community,particularly in the Chinese-reading community, both professionally andotherwise, to his damage in the sum of (i) $500,000 in compensatorydamages and (ii) $500,000 in exemplary damages in an amount that is asufficient percentage of defendants' net worth to deter such conductin the future.
First Cause of Action(Libel—Gross Irresponsibility as Against AllDefendants)
23. Plaintiff hereby repeats and realleges paragraphs 1 through 22 asif fully set forth herein.
24. In publishing the defamatory statements referred to in paragraph 15,defendants acted in a grossly irresponsible manner without dueconsideration for the standards of information gathering anddissemination ordinarily followed by responsible parties.
Second Cause of Action(Libel—Actual Malice as Against All Defendants)
25. Plaintiff hereby repeats and realleges paragraph 1 through 22 asif fully set forth herein.
26. At the time the defendants published the defamatory statementsquoted in paragraph 15, they knew that they were false, or acted withreckless disregard of whether they were true or not.
WHEREFORE, plaintiff, Chun-Guo Xiao:
1. demands judgment against all defendants in an amount not less than$500,000, together with interest and the costs and disbursements ofthis action, reasonable attorneys' fees, and punitive damages in anamount not less than $500,000 or in an amount that is sufficient as apercentage of defendants' net worth to deter such conduct in thefutures; and
2. requests such other and further relief as this Court may deem justand proper.
Dated: New York, New York
October ___, 2006
______________________________
James B. LeBow
Attorney for Plaintiff
350 Fifth Avenue, Suite 4710
New York, New York
(212) 868-3311
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