Judge orders OSU cancer researcher to pay $1 million to lawyers from failed libel suit

Carlo Croce

Lawyers who represented Carlo Croce, a cancer researcher at The Ohio State University in Columbus, in failed libel and defamation suits – and who later sued him for not paying his tab – have won a judgment for $1 million against the scientist. 

The judgment, dated Dec. 8, 2022, orders Croce to pay just shy of $1.1 million plus interest to Kegler Brown Hill + Ritter, of Columbus, one of the firms that represented him in his libel lawsuit against the New York Times and his defamation case against David Sanders, a researcher at Purdue University in West Lafayette, Ind., both of which he lost. 

The firm sued Croce in 2020, seeking more than $920,000 in unpaid fees. After the case went to trial, a jury awarded the full amount to the firm in damages, and the judge ruled that the lawyers were entitled to prejudgment interest at a rate of 4%, totaling an additional $175,000. The judgment amount can continue accruing interest, and Croce is responsible for the court costs. 

In his post-trial decision, judge Richard A. Frye wrote:

The most troublesome part of this story is Dr. Croce’s response when his legal fees began to fall into arrears. He testified at trial that he “always intended to pay” but concluded–and communicated to KBHR as the overdue account grew–that he was “illiquid.” The firm was told he would promptly sell some of his artwork [Editor’s note: He has quite a collection.]. They allowed months to pass while they continued to work, recognizing that it can take some time in dealing with New York City (or perhaps worldwide) art dealers. Only after months passed did the firm give up the ghost and withdraw. During this period Dr. Croce and two others jointly won the 2018 scientific prize awarded in Israel noted above. With it came $1 million split three ways. [Editor’s note: Here’s the prize.] After receiving his share Dr. Croce bought more art rather than paying down his fees account owed KBHR. 

This seriously undermines Dr. Croce’s credibility.  

After the judgment, the law firm tried to begin collecting the money by garnishing Croce’s bank accounts. (Croce earns more than $800,000 a year from OSU.) On January 5, Croce filed an appeal of the judgment, as well as a motion to stay the execution of the judgment and dissolve the garnishment orders, which the judge denied

Another law firm – with whom Croce had used his house as collateral – has previously sued him  for not paying his bills, and that case appears to be ongoing. In addition to legal fees, Croce has also racked up 14 retractions, as well as many corrections and expressions of concern. 

“Dr. Croce is exercising his right to appeal,” Croce’s current lawyer, Andrew Mills Holford of Johrendt & Holford, told Retraction Watch in an email. 

Maria M. Guthrie of Kegler Brown, who was representing the firm in its case against Croce, did not immediately respond to our request for comment. 

Sanders, who despite winning the suit Croce brought against him was still damaged by the legal battle, told us:  

I hope that the lawyers receive that to which the law has deemed them entitled.

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7 thoughts on “Judge orders OSU cancer researcher to pay $1 million to lawyers from failed libel suit”

  1. He make $800K/year, and he is “illiquid”? This is not only a false statement, but it is an insult to the intelligence, and to the authority of the Court. The judge should hold him in “contempt” for his contempt of the judicial system.

  2. Guy sounds like a real piece of work. I’d ask why he’s still getting paid by OSU but I suspect the answer would be depressing.

  3. In this case, as in so many, we have foreign researchers who come to the US, obtain high positions paying vast salaries, and then they proceed to commit fraud. This guy cheated, over and over and over. This is fraud.

    He should be convicted of felony fraud, have his citizenship stripped, and be deported back to Italy.

  4. ““Dr. Croce is exercising his right to appeal,” Croce’s current lawyer, Andrew Mills Holford of Johrendt & Holford, told Retraction Watch in an email. ”

    Really? Croce was able to find more suckers, sorry, lawyers to represent him despite the fact that he hasn’t paid any of his previous lawyers? I hope they have better luck than them. They’ll need it.

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