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
------------------------------------------------------X
CHUAN-GUO XIAO, Index No.
Plaintiff,
- against - COMPLAINT
YI RAO, SHIMIN FANG and
NEW THREADS CHINESE
CULTURAL SOCIETY, INC.
Defendants.
-----------------------------------------------------X
Nature of the Action
1. Plaintiff, Chuan-Guo Xiao, brings this action for defamation to
redress false written statements maliciously made and published by
defendants. Plaintiff, a resident of Brooklyn is defamed in the
article “My Opinions On The Libel Suit Brought by Xiao Chuan-Guo
Against Fang Shi-Min,” (henceforth “My Opinions”) written by
defendant YI RAO and published on the internet by defendants SHIMIN
FANG and NEW THREADS CHINESE CULTURAL SOCIETY, INC., and thereafter
and as a result published by the print and internet editions of the
People’s Daily, a leading Chinese-language news source. The article
is a sustained and malicious assault upon plaintiff’s reputation,
falsely and with malice claiming plaintiff has a “very low level of
academic achievement” and has failed to demonstrate that “he really
knows science at all,” plus other similar statements. The article
goes on to state, falsely and with malice, that Plaintiff is either
mentally retarded or a “psychopath.” The author claims himself
qualified to make such judgments, since he is “very familiar with the
Chinese biomedical community,” has “in depth knowledge about
biomedical history and evolution in China,” is “well connected
within international neuroscience circle.”
2. The truth is that Chun-Guo Xiao is a highly-regarded academic
urologist who is internationally recognized for his pioneering work
related to bladder problems related to spinal cord injury, and has
pioneered a novel procedure for the rehabilitation of such spinal-cord
related bladder dysfunction. This novel procedure has enabled victims
of such injury to void without the aid of a catheter, thereby avoiding
the serious risks of infection associated with constant catheter use
and thereby increasing life expectancy.
3. Upon information and belief, defendants Yi Rao, Shimin Fang and New
Threads Chinese Cultural Society, Inc. knew all of the true facts set
forth in paragraph 2 above, yet they published the defamation knowing
it was untrue and without regard to its effect on plaintiff.
4. As a result of these knowingly false assertions, plaintiff has
suffered injury to his personal and professional reputation, great
emotional and psychological distress, loss of business and career
opportunities, and specifically was denied an appointment to the
Chinese Academy of Science. All defendants are therefore jointly and
severally 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 in
China, who resides in the State of New York as a lawful alien;
defendant Yi Rao is a United States Citizen domiciled in the State of
Illinois; defendant Shimin Fang is a United States Citizen domiciled
in the State of California; and defendant New Threads Chinese Cultural
Society, Inc. is a New York State corporation with its principal place
of 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 claim
occurred in the Southern District of New York.
THE PARTIES
Chun-Guo Xiao
7. Plaintiff, Chun-Guo Xiao, is a Clinical Associate Professor on the
faculty of New York University School of Medicine. He is a citizen of
China, maintains his domicile in China, and is an alien lawfully in
this 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 is
the only person in the history of the American Urological Association
to be the recipient of the distinguished Jack Lapides award on two
separate occasions. This award is one given by the American
Urological Association for outstanding work in the field of Urology.
9. Plaintiff's academic career, as well as his private medical
practice depend on his reputation for academic, scientific, and
medical achievement.
Yi Rao
10. Defendant Yi Rao is a professor of neurology at the North Western
University 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 a
citizen of the United States.
New Threads Chinese Cultural Society, Inc.
13. Upon information and belief, defendant New Threads Chinese
Cultural Society, Inc., is a New York not-for-profit corporation,
incorporated in Onandanga County, New York, and with its principal
place of business in Liverpool, Onandanga County, New York. One of its
primary business operations is the publication of New Threads magazine,
a daily internet magazine. The defendant corporation and the magazine
are operated by defendant Shimin Fang, who is also its President and
Director of the defendant corporation. The defendant corporation is
known for sensationalist journalism, particularly muckraking articles
assaulting the reputations of prominent Chinese citizens.
14. Defendant New Threads Chinese Cultural Society, Inc. published an
online 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 defendant
New Threads Chinese Cultural Society, Inc. On prior occasions, not
directly the subject of this lawsuit, defendant Shimin Fang wrote
libelous claims about plaintiff, which he and New Threads Chinese
Cultural Society, Inc. arranged to have published in the New Threads
internet magazine. After plaintiff successfully sued Shimin Fang for
libel for these statements, Shimin Fang, in retaliation and with
malicious motives, arranged for the libelous article “My Opinion,”
ostensibly written by Yi Rao, to be published by New Threads Chinese
Cultural Society, Inc. and elsewhere.
16. Shimin Fang is a resident of the City of San Diego, County of San
Diego, 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 a
sustained assault upon plaintiff’s reputation, wherein defendant Yi
Rao 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 record
for the lowest standing.” The article goes on to express defendant
Yi Roa’s belief that Plaintiff must be mentally defective.
18. Although Yi Roa, in his article, continually and in an exaggerated
tongue-in-cheek fashion, characterizes his defamatory statements as
“opinions,” this is little more than a legalistic ploy, and
evidently intended to be understood as such by the readers. The
beginning of the article, Yi Roa strains to characterize himself as a
person with connections and expertise within the international
neuroscience community and the Chinese biomedical community, so as to
establish that he is qualified to assess the academic reputation of
Plaintiff, Chun-Guo Xiao.
19. An English Translation of “My Opinion” is attached hereto as
Exhibit A and incorporated herein by reference.
20. The article “My Opinion,” in Chinese, continues to be
disseminated widely throughout the United States and in other
countries via the internet.
Defamation and Damages
21. The statements referred to in paragraph 15 above, published by
defendants of and concerning plaintiff, are materially false and
defamatory and impute to plaintiff general professional and academic
incompetence, total lack of fitness for his profession, and even
mental illness. Defendants published these statements wantonly and
recklessly, with reckless disregard for its injurious effect upon
plaintiff.
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 and
otherwise, to his damage in the sum of (i) $500,000 in compensatory
damages and (ii) $500,000 in exemplary damages in an amount that is a
sufficient percentage of defendants' net worth to deter such conduct
in the future.
First Cause of Action(Libel—Gross Irresponsibility as Against All
Defendants)
23. Plaintiff hereby repeats and realleges paragraphs 1 through 22 as
if fully set forth herein.
24. In publishing the defamatory statements referred to in paragraph 15,
defendants acted in a grossly irresponsible manner without due
consideration for the standards of information gathering and
dissemination 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 as
if fully set forth herein.
26. At the time the defendants published the defamatory statements
quoted in paragraph 15, they knew that they were false, or acted with
reckless 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 of
this action, reasonable attorneys' fees, and punitive damages in an
amount not less than $500,000 or in an amount that is sufficient as a
percentage of defendants' net worth to deter such conduct in the
futures; and
2. requests such other and further relief as this Court may deem just
and 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