Category: Legal Threats

Researchers protest publisher’s orders to remove papers from their websites

Researchers are protesting orders from the American Psychological Association to remove links to papers from their websites.

Multiple researchers took to Twitter recently to lament the takedown notices they’ve received from the APA; one posted the letter in place of the link to his paper. According to the APA, the letters are part of a pilot program to “monitor and seek removal of unauthorized online postings of APA journal articles.”

The notices cite misuse of the Digital Millennium Copyright Act (DMCA), which enables internet users to protect their own content. But it can be heavily abused by people who file false copyright infringement claims to remove content they don’t like from the internet. (We have even been the target of such attempts.)

According to the letter posted by Nathaniel Daw at Princeton University, the APA says:

Continue reading Researchers protest publisher’s orders to remove papers from their websites

Journal retracts Ohio State CrossFit study at center of lawsuits

The fallout continues for a study conducted at a local CrossFit gym by researchers at The Ohio State University. First it was corrected, now it’s been retracted, and it continues to be the basis of litigation against both the authors and the publisher.

Editors at the Journal of Strength and Conditioning Research have decided to pull the 2013 study after learning that the research protocol had not been approved by Ohio State’s institutional review board (IRB).

Over the past few years, the study has spawned several lawsuits, including a defamation suit brought by gym owner Mitch Potterf against Ohio State that landed him a six-figure settlement, as well as an ongoing suit by Potterf against the National Strength and Conditioning Association (NSCA, which publishes the journal). The CrossFit brand has also sued the NSCA. [See update at end of post for more on that case.]

An NSCA statement issued May 30 describes what happened: Continue reading Journal retracts Ohio State CrossFit study at center of lawsuits

Would-be Johns Hopkins whistleblower loses appeal in case involving Nature retraction

A former researcher at Johns Hopkins who voiced concerns about a now-retracted paper in Nature has lost another bid for whistleblower protection.

Daniel Yuan, a longtime statistician for former Hopkins yeast geneticist Jef Boeke, was dismissed in 2011, after he’d spent years raising concerns about research coming out of the lab. Yuan’s criticisms, which continued after he stopped working for Boeke, peaked in 2012 after Boeke and former labmate Yu-li Lin published a paper in Nature. Later that year, Lin was found dead in his lab, a suspected suicide. In 2013, the paper was retracted, citing an inability to reproduce the main conclusions. 

Since 2013, Yuan has pursued a wrongful termination lawsuit, claiming that federal regulations surrounding scientific misconduct afforded him protection from retaliation.

In late March, Maryland’s highest court ruled against Yuan, saying that those misconduct regulations are “too vague” to offer cover to employees claiming whistleblower protection. According to lawyers we consulted, the decision could make it harder for would-be whistleblowers to fight retaliation, while also giving institutions more leeway to handle these issues on their own.

Continue reading Would-be Johns Hopkins whistleblower loses appeal in case involving Nature retraction

Ex-PhD candidate sues advisor, school: Colorado prof “poisoned the well” after research dispute

A former University of Colorado Boulder graduate student is suing his ex-advisor for defamation after being shooed out midway through his doctoral program.

Robert Roscow says he had to leave CU Boulder’s department of Ecology and Evolutionary Biology (EBIO) in the fall of 2016 with only a master’s degree after fish evolution researcher David Stock dropped him as a student. Their relationship deteriorated following a dispute about whether another student should perform experiments Roscow considered to be essential to his dissertation.

Once dropped, Roscow was offered the chance to find another advisor, but never did. In his complaint, filed April 25 in Boulder County District Court, Roscow claims he has evidence that Stock “poisoned the well” by badmouthing him in email and in person to other professors, ultimately preventing Roscow from completing his degree.

As first reported by BusinessDen, Roscow is also suing CU Boulder for a breach of contract and for failing to “provide [him] with the reasonable opportunity to pursue his PhD,” among other allegations. 

CU Boulder declined to elaborate on the case. Chief Spokesperson Ryan Huff told us:

Continue reading Ex-PhD candidate sues advisor, school: Colorado prof “poisoned the well” after research dispute

Could bogus scientific results be considered false advertising?

Could a scientific paper ever be considered an advertisement?

That was the question posed to a Tokyo court, in a criminal case where prosecutors argued — at the behest of Japan’s ministry of health — that a peer-reviewed paper containing faked data should be considered “fraudulent or exaggerated advertising” under that country’s laws.

In that case, however, the argument didn’t work. In March, the court decided that a fraudulent paper was not false advertising, allowing a pharmaceutical researcher at a Novartis subsidiary to escape jail time. The decision also cleared Novartis of charges and helped the company avoid a ¥4 million ($35,373 USD) fine.

According to an article in The Japan Times, the presiding judge Yasuo Tsujikawa said:

Continue reading Could bogus scientific results be considered false advertising?

Ecologist loses appeal for whistleblower protection

A top federal U.S. court has confirmed a decision by the National Science Foundation (NSF) to deny federal whistleblower protection to an ecologist who was fired after accusing a colleague of fraud.

After initially forcing NSF to more clearly explain its decision, the Denver-based U.S. Court of Appeals for the 10th Circuit has agreed with the conclusions of NSF’s updated investigation, denying former Kansas State University researcher Joseph Craine’s appeal.

Attorney Paul Thaler, who has handled cases involving scientific misconduct (but was not involved with this one), told Retraction Watch that the latest decision appears to be the end of a cautionary tale of how not to report misconduct.

Continue reading Ecologist loses appeal for whistleblower protection

$200M research misconduct case against Duke moving forward, as judge denies motion to dismiss

A Federal U.S. court in North Carolina has denied a motion to dismiss a major lawsuit filed against Duke University and two former employees, allowing the case to go forward.

Last year, the U.S. District Court of the Western District of Virginia unsealed a whistleblower lawsuit filed by another former employee at Duke against the university, a biologist and her former supervisor, alleging they included fraudulent data in applications and reports involving more than 60 grants. The total amount: $200 million. If successful, Duke may have to refund three times the amount of allegedly ill-gotten gains, and the whistleblower could himself receive millions.

The researcher, Erin Potts-Kant, her supervisor William Michael Foster, and Duke all filed motions to dismiss; this week, that motion was denied.

Continue reading $200M research misconduct case against Duke moving forward, as judge denies motion to dismiss

Harvard teaching hospital to pay $10 million to settle research misconduct allegations

Piero Anversa

Brigham and Women’s Hospital and its parent healthcare network have agreed to pay $10 million to the U.S. government to resolve allegations it fraudulently obtained federal funding.

The case, which involves three former Harvard stem cell researchers, dates back several years. In 2014, Circulation retracted a paper by Piero Anversa, Annarosa Leri, and Jan Kajstura, among others, amidst a university investigation into misconduct allegations. Anversa and Leri — whose lab was described as filled with “fear” by one former research fellow — later sued the hospital for notifying journals of that investigation. They lost.

In the agreement announced today by the Department of Justice (DOJ), Partners Healthcare and Brigham and Women’s Hospital have agreed to pay the government $10 million to settle allegations that the researchers fraudulently obtained funding from the National Institutes of Health:

Continue reading Harvard teaching hospital to pay $10 million to settle research misconduct allegations

“Existence and motive to retaliate:” Judge hands victory to whistleblower scientist

A Michigan researcher whose accusations of misconduct against his former employers led to years of legal battles has won a judge’s ruling that could earn him one of his jobs back.

Over the past few years, Christian Kreipke has been embroiled in legal battles with the Detroit VA Medical Center and Wayne State University, where he held a dual appointment. In 2010, Kreipke accused Wayne State of misusing federal funds — then was fired in 2012 when the university brought its own case of research misconduct against him. In 2013, the VA followed suit. In 2014, Kreipke lost a whistleblower lawsuit against the university. As a result of the Wayne State investigation, journals have retracted five of his papers, some as recently as last month.

In March, a judge ordered the Department of Veterans Affairs to reinstate Kreipke’s position, among other requests.  Continue reading “Existence and motive to retaliate:” Judge hands victory to whistleblower scientist

Chemist wins injunction against university trying to revoke her degree

A scientist has won an injunction against the University of Texas at Austin, which was deciding whether or not to revoke her PhD.

We’ve been covering the case of Suvi Orr, a chemist now based at Pfizer who earned a PhD in 2008, for a few years. During that time, UT has tried to revoke her degree twice, after the paper that made up part of her dissertation was retracted in 2012 — for allegedly containing falsified data, according to the school. The university revoked her degree in 2014, then reinstated it after she sued.

Last year, the school tried to revoke it again, prompting Orr to sue for a second time — and ask for more than $95,000 in legal fees and expenses.

In a decision released April 20, a Texas Court of Appeals has upheld Orr’s request for an injunction against UT, preventing it from deciding whether to revoke her degree. Specifically, Orr asked that UT not be allowed to make a decision until the court has weighed in on a separate appeal, in which Orr argues the university doesn’t have the right to revoke her degree.

According to her lawyer, David Sergi:

Continue reading Chemist wins injunction against university trying to revoke her degree