Category: Legal Threats

Judges toss lawsuits by CrossFit gym claiming fraud in $273 million in grants

court caseFederal judges in Ohio have dismissed two lawsuits claiming that university researchers used false results to secure more than $250 million in federal grants.

Both lawsuits, which objected to a study examining the effects of CrossFit-based training, were filed by Mitchell Potterf, the owner of a gym affiliated with CrossFit in Columbus, Ohio. Potterf took issue with a 2013 study by researchers at Ohio State University (OSU) that was conducted at his gym.

Potterf filed one suit against the OSU researchers and a second against the National Strength and Conditioning Association (NCSA). The NSCA publishes the Journal of Strength and Conditioning Research, where a paper about the study appeared. The article, “Crossfit-based high-intensity power training improves maximal aerobic fitness and body composition,” has been cited 15 times, according to Thomson Reuters Web of Science.

The study followed 43 men and women as they completed 10 weeks of CrossFit-based training. In addition to those 43 participants, 11 dropped out before completing the regimen. According to the original paper: Continue reading Judges toss lawsuits by CrossFit gym claiming fraud in $273 million in grants

Can universities claim immunity in misconduct lawsuits? What a recent ruling suggests

Callan Stein
Callan Stein

Last week, George Washington University (GWU), a private institution in Washington DC, settled a case with scientist Rakesh Kumar, who had claimed breach of contract and emotional distress following a misconduct investigation against him. But earlier this year, a judge dismissed another one of the scientist’s claims, after GWU argued it had the same “official immunity” the government enjoyed, since it also conducts research misconduct investigations. Does the ruling set a precedent? We spoke to Callan Stein, a lawyer who represents U.S. researchers in misconduct cases, who has discussed the implications on his law firm’s site.

Retraction Watch: Can you explain more about this “official immunity” the government has regarding research misconduct, and why the judge thought this applied to GWU, as well? Continue reading Can universities claim immunity in misconduct lawsuits? What a recent ruling suggests

A researcher sued critics of his work. Now he has 13 retractions.

Fazlul Sarkar
Fazlul Sarkar

A cancer researcher who sued PubPeer commenters for criticizing his work has lost six more papers, bringing his total to 13 retractions. 

Four of the new retraction notices issued by the journal Cancer cite an investigation at Wayne State University in Michigan into the work of Fazlul Sarkar and some of his colleagues. All the new notices, including the other two in Breast Cancer Research and Treatment, are for image-related issues.

Retraction Watch readers will recognize the name Fazlul Sarkar, who took PubPeer to court to unmask the anonymous critics whose comments cost him a job at the University of Mississippi. According to this document, Sarkar retired from Wayne State this year.  

Here’s the first of the four Cancer retraction notices, all of which were issued on July 29: Continue reading A researcher sued critics of his work. Now he has 13 retractions.

Scientist with three retractions settles lawsuit against George Washington University

Rakesh Kumar
Rakesh Kumar

A researcher whose work has been subject to three retractions and two expressions of concern has settled a lawsuit he filed against his university for breach of contract and emotional distress.

Rakesh Kumar had sued George Washington University for $8 million, claiming that his employer had relieved him of department chair duties without following the correct procedure, following a finding of misconduct in his lab. He also claimed that the university had either leaked confidential information about an investigation into his work, or at least failed to keep that information from being posted in a comment here on Retraction Watch.

Last year, the university filed a motion to dismiss the case, but in March, a judge allowed some of it to go forward. On Thursday, the parties settled the case.

We asked Kumar’s attorney, Paul Thaler, to describe the terms of the settlement and say whether Kumar would remain employed at George Washington: Continue reading Scientist with three retractions settles lawsuit against George Washington University

Who is Ranjit Kumar Chandra? A timeline of notoriety

R K Chandra
R K Chandra

Last month, Ranjit Kumar Chandra was denied an extension to file an appeal of his lawsuit against the Canadian Broadcasting Corporation (CBC). It seemed to mark the end of a long fall for the self-proclaimed “father of nutritional immunology,” who has ended up with multiple high-profile retractions and on the wrong end of a costly libel lawsuit.

The case had a lot of twists and turns, however. So for your convenience, we’ve compiled a timeline of everything you need to know about the events that led up to the lawsuit — where it all began, and how it ended last July, when the Ontario Superior Court of Justice ruled in favor of the CBC, and the apparent epilogue this June.

In the 1980s, Chandra was a highly regarded nutrition researcher; in 1989, he was made a member of the Order of Canada. He authored over 200 papers during his time at Memorial University of Newfoundland. He has referred to himself as the “father of nutritional immunology,” but the link to his website no longer appears to be active.

Here’s how it all fell apart: Continue reading Who is Ranjit Kumar Chandra? A timeline of notoriety

4th retraction for neuroscientist sentenced for fraud

Bruce Murdoch
Bruce Murdoch

A Parkinson’s researcher has earned his fourth retraction after receiving a two-year suspended sentence for fraud.

The sentence for Bruce Murdoch, issued on March 31, 2016, came following an investigation by his former employer, the University of Queensland (UQ) in Australia, into 92 papers. Murdoch entered guilty pleas for 17 fraud-related charges, which resulted in the retraction of three papers co-authored by Murdoch and Caroline Barwood, another former UQ Parkinson’s researcher who faced fraud charges (and was granted bail in 2014).

Now, a fourth retraction has appeared for Murdoch in Brain Injury, this time for duplication and failing to obtain consent from his co-authors.

Here’s the retraction notice, issued on July 11: Continue reading 4th retraction for neuroscientist sentenced for fraud

Researcher hired lawyers to try to get journal to run correction he wanted

BMCLogoWhen a researcher suspected a paper on fireflies had borrowed some of its methodology, he called lawyers to help him convince the publisher to craft a correction notice that was to his satisfaction.

Although the authors submitted a correction to BMC Plant Biology acknowledging Robert Birch as the original author of some material, as we reported previously, the publisher instead issued an expression of concern (EOC), noting that there was an “authorship dispute.”

When our post ran earlier this year, we didn’t know why a request for correction had turned into an EOC, which — as its name states — is typically more cause for concern than a correction. We’re still not sure exactly why, but we have learned that Birch disputed the content of the authors’ suggested correction, and hired lawyers to try to change the wording. From his perspective, there are several problems with the paper, he told us:

Continue reading Researcher hired lawyers to try to get journal to run correction he wanted

Researcher who sued to stop retractions earns his 7th

Mario Saad
Mario Saad

A diabetes researcher who sued to stop a publisher from retracting his papers has just received his seventh retraction.

The latest retraction for Mario Saad, who is based at the University of Campinas (Unicamp) in São Paulo, Brazil, is for a PLOS ONE paper (which was altered last year by a mega-correction). Although an institutional investigation found no evidence of research misconduct, the notice states:

the preparation of the figures falls below the standard of publication and therefore the authors and the editors have agreed that the correct action is to retract the article. 

Saad previously sued the American Diabetes Association (ADA) to remove expressions of concern from four of his papers published in the organisation’s flagship journal, Diabetes. However, all four of the papers were later retracted after the suit was dismissed in 2015.

Here’s the new retraction notice, issued July 8: Continue reading Researcher who sued to stop retractions earns his 7th

Heir claims part of review about political scientist is defamatory, journal partially retracts

European Journal of CommunicationA communications journal has retracted parts of a paper about a famous German political scientist after her great-nephew threatened the journal with legal action, claiming bits of the paper were defamatory.

The European Journal of Communication (EJC) retracted the parts of the paper that reviewed a biography of Elisabeth Noelle-Neumann, published in Germany in 2013. The biography was titled “Elisabeth Noelle-Neumann: Demoskopin zwischen NS-Ideologie und Konservatismus;” a Google-translate of that title gives “Elisabeth Noelle-Neumann: pollster between Nazi ideology and conservatism.”

Noelle-Neumann is most well known for her mass communication theory, the “Spiral of Silence,” which refers to the tendency to remain silent on a subject when your view opposes that of the masses. Because parts of the paper are now redacted, it is unclear what statements were potentially defamatory. Continue reading Heir claims part of review about political scientist is defamatory, journal partially retracts

Should fraudsters be criminally prosecuted?

Michael Hadjiargyrou
Michael Hadjiargyrou

After an AIDS vaccine researcher was sentenced to five years in prison for spiking samples, our co-founders Ivan Oransky and Adam Marcus raised an important question: Should we criminally prosecute researchers who commit misconduct? (So has Richard Smith.) In last fall’s special issue of the Journal of Information Ethics, Michael Hadjiargyrou at New York Institute of Technology, said: yes. Tell us what you think in a poll at the end of our discussion.

Retraction Watch: Did any particular event prompt this article? Continue reading Should fraudsters be criminally prosecuted?