Legal Threats – Page 12 – Retraction Watch

Details of investigative report into Sarkar released by ACLU

We knew that Wayne State University had investigated allegations of misconduct against Fazlul Sarkar, the scientist who is suing PubPeer commenters over criticisms of his work. We knew The Scientist had obtained a copy of the report, which concluded he had engaged in widespread misconduct, and he should retract more than 40 papers.

And now, thanks to the American Civil Liberties Union, which is representing PubPeer in court and has filed a motion to include the report as evidence in the case, we have a copy.

It’s a long read, but here are some highlights:

Continue reading Details of investigative report into Sarkar released by ACLU

Former Duke researcher at center of lawsuit lodges 16th retraction

ajrcmb-2016-55-issue-5-cover Two former researchers at Duke University at the center of a lawsuit by a whistleblower to recoup millions in federal funding have lost yet another paper.

This is hardly the first retraction for Erin Potts-Kant, who used to work in the pulmonary lab of now-retired William Michael Foster. Earlier this year, a lawsuit filed by a former colleague of Potts-Kant and Foster was unsealed alleging that the pair — along with the university — included fraudulent data in materials involving more than 60 grants, worth hundreds of millions of dollars.

That is the legal side of their story. The science publishing side is that Potts-Kant and Foster have been steadily adding to their list of retractions — this paper represents her 16th, and his 13th.

Here’s the notice for “Nitric oxide mediates relative airway hyporesponsiveness to lipopolysaccharide in surfactant protein A-deficient mice:” Continue reading Former Duke researcher at center of lawsuit lodges 16th retraction

Scientist embroiled with PubPeer engaged in “widespread research misconduct,” investigation finds

An investigation into a scientist suing PubPeer commenters over criticisms of his work has concluded that the researcher engaged in widespread misconduct and should retract 42 papers.

The investigation report by Wayne State University, obtained by The Scientist, reveals that Fazlul Sarkar created a research environment that encouraged productivity but cut corners when it came to integrity: Continue reading Scientist embroiled with PubPeer engaged in “widespread research misconduct,” investigation finds

Ohio State, CrossFit gym make six-figure settlement over corrected paper’s injury claims

The Ohio State University (OSU) has settled a lawsuit with a CrossFit affiliate over allegations that a study had defamed the gym.

As first reported by Columbus Underground, the university has agreed to pay Mitchell Potterf, owner of Fit Club in Columbus, Ohio, $145,000 to settle claims that a 2013 paper by OSU researchers included false data about injuries suffered by 11 athletes who took part in a fitness challenge. According to a statement filed by Potterf and his attorney, Ken Donchatz, in the Ohio Court of Claims, based on depositions, Continue reading Ohio State, CrossFit gym make six-figure settlement over corrected paper’s injury claims

Parkinson’s researcher in Australia pleads not guilty to fraud

Parkinson’s researcher Caroline Barwood pleaded not guilty to fraud-related charges in a Brisbane courtroom Monday.

According to 9News, Barwood is accused of three counts of fraud, and four instances of attempted fraud, which include trying to obtain approximately $700,000 (AUD) from various organizations between 2011 and 2013 for a study that never occurred. The case follows an investigation at her former institution, the University of Queensland (UQ), which resulted in three of her papers being retracted.

Crown Prosecutor Caroline Marco alleged that Barwood was also intimately involved with Bruce Murdoch, her former colleague at the UQ, who has pleaded guilty to 17-fraud related charges, and received a two-year suspended sentence earlier this year.

Marco also claimed that Barwood admitted that Continue reading Parkinson’s researcher in Australia pleads not guilty to fraud

CrossFit can sue over error in paper it claims cost the brand millions

court-case A California court ruled that fitness empire CrossFit can proceed to trial with its lawsuit against a competitor, alleging it published falsified data that hurt the company’s reputation, according to recently released court documents.

The case pits the popular for-profit CrossFit brand against the non-profit National Strength and Conditioning Association (NSCA), which published the 2013 study in question.

CrossFit claims it lost upwards of $8 million afer researchers concluded that 16 percent of CrossFit participants in a small study left the exercise program because of injury. However, in a 2015 erratum, the authors – led by Steven T. Devor, director of the Exercise Science Laboratory at The Ohio State University — noted that follow up showed only 2 participants out of the 11 drop-outs mentioned their health as a reason.

The study appeared in the Journal of Strength & Conditioning Research, published by CrossFit competitor NSCA, which also promotes fitness programs. CrossFit claims the results in the paper cost it revenues from people paying for seminars at CrossFit, Inc. affiliate gyms.

“CrossFit is now eager to go to trial. More eager than ever,” a CrossFit spokesperson told Retraction Watch: Continue reading CrossFit can sue over error in paper it claims cost the brand millions

University makes six-figure lawsuit settlement with creationist

California State University, Northridge has settled a lawsuit with a former employee, who sued the university after claiming it fired him over his creationist beliefs.

In 2013, Mark Armitage was fired from his position as manager of the biology department’s electron and confocal microscopy suite at California State University Northridge (CSUN), after publishing a paper in in Acta Histochemica that he believed showed the horns dated to the time of a biblical flood. The following year, Armitage sued CSUN, arguing he was fired because he is a creationist.

A spokesperson for California State University Northridge (CSUN) told us Armitage was terminated for other reasons, and the university chose to settle to avoid a lengthy legal battle: Continue reading University makes six-figure lawsuit settlement with creationist

Sarkar vs. John Doe: What happened at this week’s hearing involving PubPeer

On Tuesday, lawyers representing both sides of the ongoing suit filed by a scientist against PubPeer commenters appeared in court, alleging their criticisms of his work cost him a new job at the University of Mississippi.

In the case described as “FAZLUL SARKAR V JOHN DOE,” lawyers representing PubPeer, Sarkar, and the anonymous commenter at the heart of the case spoke before two judges (one was absent). As the case now stands, a judge has ruled that all but one of the commenters can remain anonymous, and PubPeer has filed an appeal, earning the support of the American Civil Liberties Union (ACLU), as well as Google and Twitter.

According to one of the attorneys representing PubPeer, Alex Abdo at the ACLU, things proceeded as expected. Their main argument, he said, was: Continue reading Sarkar vs. John Doe: What happened at this week’s hearing involving PubPeer

Physics journal retracts paper without alerting author

An Elsevier journal has angered an author by removing his study without telling him.

After spending months asking the journal why it removed the paper — about a heavily debated theorem in physics — and getting no response, the author threatened to seek damages from the journal and publisher for “permanently stigmatizing” his work. Yesterday, an Elsevier representative told the author what happened: Experts told the journal the paper had a major mistake, so the journal decided to withdraw the study, but failed to tell the author due to an “internal error.”

That explanation didn’t satisfy study author Joy Christian, scientific director of the Einstein Centre for Local-Realistic Physics in Oxford, UK, who has demanded the journal either republish the article or remove it and return the copyright to him, or he will pursue legal action.

Here’s the cryptic publisher’s note for “Local causality in a Friedmann–Robertson–Walker spacetime:” Continue reading Physics journal retracts paper without alerting author

Scientist faces off with PubPeer commenters in new hearing next week

On Tuesday, a Detroit courtroom will hear arguments in a case against PubPeer commenters, in which a scientist alleges their criticisms of his work cost him a new job at the University of Mississippi.

This isn’t the first time both sides have met in court: Fazlul Sarkar first gained attention in 2014 when he sued anonymous commenters of PubPeer for defamation; in 2015, a judge ruled that all but one of the commenters should be allowed to remain anonymous. PubPeer has filed an appeal, earning the support of the American Civil Liberties Union (ACLU), as well as Google and Twitter.

Meanwhile, Sarkar has earned 18 retractions, many citing an institutional investigation at Wayne State University.

We spoke with attorney Alex Abdo at the ACLU, who is representing the PubPeer commenters in this case, about what to expect at next week’s hearing.

Retraction Watch: What will happen at this hearing? Continue reading Scientist faces off with PubPeer commenters in new hearing next week

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