每一个在美的华人都可以到当地的法院去控告cnn和卡弗蒂，索赔500美金。你只需花50美金。你也可能得不到赔偿，因为你无法证明你遭受500美金的损 失。但每一个案件就要花掉cnn 1000美金， 而且cnn也不能反告你，因为你没有给cnn造成损失。如果有5000个华人这样做，cnn必须马上应诉。你可以在美国任何地方上诉，越偏远的地方越好。
我是这样做的：
我在堪沙斯州，我在一民事法庭对cnn及卡弗蒂提出索赔控诉。 cnn的地址：
Address ONE TIME WARNER CENTER
NEW YORK, NY 10019
Telephone 2124848000
我的理由：cnn的雇员卡弗蒂当众辱骂中国人是一群暴徒和傻子， 伤害了我的名誉，导致我损失了500美金。
分析：
1， 为什么500美金？
在堪萨斯州，500美金以下的案件，我只需出30美金的上诉费，500美金以上，我要付50美金。
2， 下一步。
我寄挂号信寄给被告。
3， 以后会怎样？
a, 如果被告未出庭，cnn赔我500美金，外加我那30美金诉讼费。
b, 如果被告的律师出庭，我有可能就输了，因为我拿不出证据，我顶多就损失那30美金。
c, 对方律师有可能打电话给我要求庭外和解。我要求解雇卡弗蒂，否则，法庭上见。
无论怎样，cnn要花大笔的律师费。
问：如果我不是美国公民，我可不可以上诉？
美国法律说，不是美国公民都可以告。
问：可不可以群体上诉？
可以，但效果不好。因为你提不出证据你损失了500美金。这就是为什么我们要人多，而且要在不同的地方上诉，越多越好。
下面是原文内容：
原文写得更好！！我译了一些。
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 |
发表于 2008-4-29 21:22
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