Lawyers call libel suit against journal and critic “lawless” but “well written”

Mark Jacobson

A $10 million defamation suit filed by a Stanford University professor against a critic and a journal may be an assault on free speech, according to one lawyer, but at least it’s “well written.”

Kenneth White, a lawyer at Southern California firm Brown White & Osborn who frequently blogs about legal issues related to free speech at Popehat, told us:

It’s not incompetently drafted, but it’s clearly vexatious and intended to silence dissent about an alleged scientist’s peer-reviewed article.

Scientists have publicly bemoaned the suit’s existence, as reported by several outlets, including Mashable and Nature. Mark Jacobson, an engineering professor at Stanford, has alleged that he was defamed in a June article published in the Proceedings of the National Academy of Sciences (PNAS), which was critical of a 2015 paper co-authored by Jacobson in the same journal. In a complaint filed Sept. 29 in the Superior Court of the District of Columbia, Jacobson accused the journal’s publisher, the National Academy of Sciences, and the paper’s first author, Christopher Clack, an executive at a renewable energy analysis firm, of libel.

White told us that there are several pitfalls that could trip up the lawsuit, including a DC law that allows defendants an early opportunity to ask the court to dismiss cases muzzling free speech and recover attorneys’ fees. But another attorney said the complaint should at least clear the lowest hurdle in the way of getting to trial. Continue reading Lawyers call libel suit against journal and critic “lawless” but “well written”

Carlo Croce, facing misconduct allegations, accuses former colleague of misconduct

Carlo Croce

Carlo Croce, a cancer researcher who has faced numerous research misconduct allegations, recently accused a former lab member of misconduct. Although an institutional probe did not support that allegation, Croce’s efforts have led to a retraction.

In November 2015, Croce and another cancer researcher at Ohio State University (OSU), Ramiro Garzon, contacted PLOS ONE, alleging that the paper’s corresponding author, Stefan Costinean, published data without their knowledge or permission and without “accurately acknowledging their contributions to the research.” Although the PLOS ONE paper mentioned Croce’s and Garzon’s contributions in the acknowledgements section, the two were not included as co-authors. We have obtained a copy of the report describing OSU’s preliminary probe; it did not find evidence of misconduct, but recommended the paper be retracted for using data without permission. Although Costinean disagreed, the journal has since retracted the paper.

Croce has been on the other side of this process: Seven of his papers have been retracted for issues including manipulation and duplication. After a New York Times article, published in March, explored misconduct allegations against Croce, OSU said the university is “instituting an independent external review.” Croce is currently suing the New York Times, alleging that the newspaper defamed him in the story.

Continue reading Carlo Croce, facing misconduct allegations, accuses former colleague of misconduct

Most editors of top medical journals receive industry payments: report

Victoria Wong

When examining the roles of conflicts of interest in academic publishing, most research focuses on transparency around the payments authors receive. But what about journal editors? According to a new Peer J preprint, two-thirds of editors at prominent journals received some type of industry payment over the last few years – which, at many journals, editors are never required to disclose. (The findings echo those reported by another recent paper in The BMJ, published six days later.) We spoke with Victoria Wong at The Queens Medical Center in Hawaii, first author of the Peer J preprint.

Retraction Watch: In studies of academic integrity, most people concentrate on the authors who submit to journals, and on the articles published by journals, as a way to assess the integrity of science publications.  What drew your attention to the individual editors and their possible influence on the process?

Continue reading Most editors of top medical journals receive industry payments: report

17 Johns Hopkins researchers resign in protest from ed board at Nature journal

More than a dozen members of the editorial board at Scientific Reports have resigned after the journal decided not to retract a 2016 paper that a researcher claims plagiarized his work.

As of this morning, 19 people — mostly researchers based at Johns Hopkins — had stepped down from the board, according to Hopkins researcher Steven Salzberg. Salzberg organized the response after learning of the issue from colleague Michael Beer, who has accused the 2016 paper of plagiarism.

Monday morning, Richard White, the editor of the journal (published by Springer Nature), sent an email to Salzberg and the researchers who had threatened to resign if the paper wasn’t retracted, saying:

Continue reading 17 Johns Hopkins researchers resign in protest from ed board at Nature journal

Researchers ask to retract cancer paper five days after it’s flagged by journal

Researchers from the University of Kansas asked to retract their paper only days after the journal issued an expression of concern related to some of the images.

The retraction notice marks the close of an episode that started in June, but it doesn’t provide much closure: Figures in the paper apparently do not match primary data, but there’s no hint as to how that happened.

In a statement sent to JCS — just five days after the expression of concern came out — last author Kristi Neufeld, a cancer biologist at KU, wrote: Continue reading Researchers ask to retract cancer paper five days after it’s flagged by journal

Caught Our Notice: 4th retraction for prominent physicist (with new funding) cites falsification

Via Wikimedia

Title: Improved Cellular Specificity of Plasmonic Nanobubbles versus Nanoparticles in Heterogeneous Cell Systems

What Caught Our Attention: Nanotechnology researcher Dmitri Lapotko, whose work with lasers continues to catch media attention, has earned his fourth retraction.  As with the other three, the latest notice mentions an investigation at Rice University, but provides no specific information other than “data falsification” for images, and no indication as to the offending researcher(s). (In the past, Rice hasn’t even confirmed to us the presence of an investigation.) Only Laptoko and Ekaterina Lukianova-Hleb are common authors to all retractions. Despite these recent setbacks, Lapotko has not fared too badly in research funding.  Continue reading Caught Our Notice: 4th retraction for prominent physicist (with new funding) cites falsification

A paper about eye damage in astronauts got pulled for “security concerns.” Huh?

Here’s a head-scratcher: A 2017 paper examining why long space flights can cause eye damage has been taken down, with a brief note saying NASA, which sponsored the research, asked for the retraction because of “security concerns.”

According to the first author, the paper included information that could identify some of the astronauts that took part in the study — namely, their flight information. Although the author said he removed the identifying information after the paper was online, NASA still opted to retract it. But a spokesperson at NASA told us the agency did not supply the language for the retraction notice. The journal editor confirmed the paper was retracted for “research subject confidentiality issues,” but referred a question about who supplied the language of the notice back to NASA.

Now lawyers are involved.

So we still have some questions about this one. Here’s what we do know.

Continue reading A paper about eye damage in astronauts got pulled for “security concerns.” Huh?

Caught Our Notice: Reporter’s inquiry prompts financial disclosure in autism paper

Via Wikimedia

Title: Promoting child-initiated social-communication in children with autism: Son-Rise Program intervention effects

What caught our attention: When journalist Brendan Borrell was investigating a controversial autism treatment program for Spectrum, he came across a study where lead author Kat Houghton failed to disclose a prior relationship with the treatment center that taught the program, called Son-Rise.

The Spectrum article notes:

Continue reading Caught Our Notice: Reporter’s inquiry prompts financial disclosure in autism paper

Caught Our Notice: Concerns about image in 2008 paper prompt editorial notice

Via Wikimedia

Title: Characterization of a novel epigenetically-silenced, growth-suppressive gene, ADAMTS9, and its association with lymph node metastases in nasopharyngeal carcinoma

What caught our attention: One year ago, a PubPeer user suggested an image from a 2008 paper looked similar to one from another paper. After the authors stated their belief in the soundness of the image, without providing the originals, the journal issued only an Expression of Concern for the paper. Some journals have issued retractions for lack of original data, some have issued corrections, and even fewer have published editorial notices. Expressions of concern usually indicate that some type of final resolution will be announced, but in reality, a significant proportion remain unresolved for years. Based on the wording of this notice, it may be around for a while. Continue reading Caught Our Notice: Concerns about image in 2008 paper prompt editorial notice

Science retracts paper after Nobel laureate’s lab can’t replicate results

Science is retracting a 2014 paper from the lab of a Nobel winner after replication attempts failed to conclusively support the original results.

In January, Bruce Beutler, an immunologist at University of Texas Southwestern Medical Center and winner of the 2011 Nobel Prize in Physiology or Medicine, emailed Science editor-in-chief Jeremy Berg to report that attempts to replicate the findings in “MAVS, cGAS, and endogenous retroviruses in T-independent B cell responses” had weakened his confidence in original results. The paper had found that virus-like elements in the human genome play an important role in the immune system’s response to pathogens.

Although Beutler and several co-authors requested retraction right off the bat, the journal discovered that two co-authors disagreed, which Berg told us drew out the retraction process. In an attempt to resolve the situation, the journal waited for Beutler’s lab to perform another replication attempt. Those findings were inconclusive and the dissenting authors continued to push back against retraction.

Berg told us:

Continue reading Science retracts paper after Nobel laureate’s lab can’t replicate results