A district judge has ended a $1 billion defamation case against Elsevier over a study about air purification technology after concluding the plaintiff’s evidence was too weak to take to trial.
Global Plasma Solutions, which makes air quality products, sued Elsevier in 2022 after the publisher declined to retract a paper in Building and Environment about the company’s needlepoint bipolar ionization technology. GPS claimed Elsevier was responsible for the authors’ alleged omission of data and misleading conclusions in the paper that led to “massive” financial losses for the company, according to its complaint. GPS, which now goes by GPS Air, claimed Elsevier knew the paper “failed peer review” but still published the paper.
On Oct. 22, the U.S. District Court for the Western District of North Carolina tossed out the suit. Judge Kenneth Bell wrote in his order there was “insufficient evidence” for a jury to conclude Elsevier acted with malice. “Actual malice” requires a plaintiff to prove the alleged defamatory statement was made with “knowledge that it was false or with reckless disregard,” which GPS could not support, according to Bell.
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