请教小白兔及各位法律高手:可以在local small claim court 上sue CNN吗？在其它坛子上看到这个帖子，不知可行性如何。
$30让CNN破产。抗议CNN恶意诽谤华人 最佳应对方法!!!
A Summary on Best way to 抗议CNN恶意诽谤华人(求置顶)
来源: mengnong 于 08-04-23 08:43:53
Every Chinese in America goes to the local small claim court and to file a small claim ($500) against CNN and Cafferty. It will cost you $50 or so to do it, you are probably not going to win (since you have no way to prove that you have the $500 financial damage). But it will cost CNN $1000 or more to defend each case, they can not counter-sue you either, because you did not cause damage to them. If we have 5000 to do so, they will act right away. You can do it anywhere in USA, the more remote location the better.
. This is what I did.
I filed a small claim in a county small claim court in Kansas. The defandant is TIME WARNER INC.
Address ONE TIME WARNER CENTER
NEW YORK, NY 10019
Telephone 2124848000
My claim: Time Warner employee, Jack Cafferty in a publically broadcasted TV news program (CNN) asserted Chinese are a bunch of "goons". This statement severely damaged my credit, which resulted $500 financial loss to my business.
Analysis: 1. why $500?
A: In Kansas, $500 or less, the filing fee is $30, otherwise it will be $50.
2. What is the next step?
In Kansas, you just need to use registered mail to mail it to the defendant, other states may require you to use law enforcement to serve a summon, which will cost you $25 to $50.
3. What will happen?
a) If the defendant does not show up, the judge will make a default judgment, that means, Time Warner will pay me $500, plus the $30 court fee.
b) If the defendant send an attorney to the court at the court date, (which is 3 weeks later, the defendant can request a postpone), then the judge will probably make a judgment to the defendant (I lose) since I can not provide evidence that I had the $500 damage. Then I lose the $30 court fee, that is it.
c) The defendant attorney could call me before the court date, try to settle it outside the court, or try to persuade me to withdraw by threatening counter-suing me, (which I know they can't, I did not do anything to cause them damage, suing them does not count).
I am waiting for their call, I am willing to settle outside the court, my request is “CNN fires Jack Cafferty.” Otherwise, I will see you in court.
No matter what, it will cost them a lot of money for the attorney fee.
Why not a class-action lawsuit?
Can anyone provide evidences that you really suffered material damage? Otherwise, you do not have a case.
Besides, all big companies in US have one kind or another lawsuit ongoing, they are not afraid of one or two lawsuits. But, will they defend 1000 or 5000 suits to protect a worth-less employee?
This is why we need to have as many people as possible to file the suit in as many places as possible.
Can we sue Cafferty only?
No, it is very hard for a local court to enforce a judgment against an out-of-state person, many courts will not accept these type of suit. Even the case is accepted, the judge can still dismiss the case, (you will lose your court fee). Even a judgment is made in your favor, you will not be able to collect anything from him.
Can I sue if I am not a US citizen?
Anybody can file the suit. Please do it, this is American experience.
Is there any negative consequence on me if I sue?
If you lose, I will lose the court fee. If you are going to apply a mortgage DURING the suit, you need to disclose it , it may not affect your mortgage application at all. Other than that, no negative effects on you. It will NOT have anything to do with your green card application.
Will it damage the Chinese image by filing so many lawsuits?
I don't know how will other people think. It is a common practice for Americans. If you do not fight the American way, you lose already, what good is your image for?
Sorry, written in a hurry, there might be mis-information.
Thanks to all the friends who responded favorably. Please feel free to post to other sites.