Category: Legal Threats

A Stanford University professor who tried to sue a critic and the journal that published an unfavorable view of his work is opposing a judge’s order that he pay $75,000 in legal fees generated in the case. 

In 2017, Mark Jacobson, an engineer who studies energy at the California institution, sued Christopher Clack and the Proceedings of the National Academy of Sciences (PNAS) after the journal published an article which cast doubt on some of the conclusions in a 2015 paper Jacobson had written in PNAS. The amount of the defamation claim? $10 million from each of the two parties, plus punitive damages and “any and all relief.” 

Jacobson withdrew his lawsuit, which also demanded a retraction, in 2018, at which point Clack and the journal fired back. They filed their own suit grounded in the anti-SLAPP — short for “Strategic Lawsuit Against Public Participation” — statute, in which they asked for Jacobson to pay their legal fees.

Continue reading Stanford prof fights efforts to make him pay at least $75,000 in legal fees after dropping defamation suit

A former veterinary student at Tufts University has settled a $1 million lawsuit alleging that she was punished for claiming that her mentor at the school falsified data in a 2014 article. 

In 2019, Kristy Meadows sued Tufts and two faculty members, Elizabeth Byrnes and Dean Joyce Knoll, whom she said retaliated against her for claiming that Byrnes cooked her results in an article Meadows and Byrnes published in Neuroscience titled “Sex- and age-specific differences in relaxin family peptide receptor expression within the hippocampus and amygdala in rats.” 

According to Law360, which first reported on the settlement: 

Continue reading Former Tufts grad student settles lawsuit alleging retaliation for whistleblowing

More than three and a half years after being alerted to concerns about the data in a 2015 article, an obstetrics journal has finally retracted the paper, citing a lack of ethics approval for the work. Meanwhile, the co-author of a meta-analysis that relies heavily on the paper has suggested that some critics of the underlying work risk legal action for their efforts.

The study, “Vaginal progesterone for prevention of preterm labor in asymptomatic twin pregnancies with sonographic short cervix: a randomized clinical trial of efficacy and safety,” appeared in Archives of Gynecology and Obstetrics (AGO) and was conducted by Waleed El-refaie, Mohamed S. Abdelhafez and Ahmed Badawy, of the University of Mansoura in Egypt. The article has been cited 29 times, according to Clarivate Analytics’ Web of Science.

As we reported last October, data sleuths have accused Badawy and some of his colleagues at Mansoura of having fabricated data and other misconduct in some 250 clinical trials — charges which were (and may still be) apparently convincing enough to warrant a university inquiry. 

Continue reading Critics face legal threats as journal takes more than three years to act

Retraction Watch readers may be familiar with the name David Sanders. Sanders, a biologist at Purdue University, has become a scientific sleuth, ferreting out problems in numerous papers. In one of those cases, that of Ohio State University professor Carlo Croce, Sanders ended up being sued — before an article in which he was quoted even came out. He eventually prevailed, but the episode left a mark, as readers will learn in this Q&A. (It has left a mark on Croce, too, in the form of 10 retractions and two suits brought by teams of lawyers for unpaid bills.)

Retraction Watch (RW): Carlo Croce sued you in 2017. Why?

Continue reading A scientist critic was sued, and won — but did not emerge unscathed. This is his story.

A drug company that manufactures a painkiller used for surgery patients has sued an anesthesiology journal along with its editor and publisher and the authors of articles that it says denigrated its product unfairly.

In a complaint filed yesterday in U.S. District Court in New Jersey, Pacira Biosciences claims that “In the February 2021 issue of Anesthesiology, the ASA, reflecting a bias against EXPAREL amongst the editorial staff at Anesthesiology, published three articles, and other related content, that seriously disparage Pacira’s product EXPAREL,” an FDA-approved drug which they say is “a non-opioid pain medication proven to prolong post-surgery pain relief.” 

In seeking retractions, compensatory and punitive damages exceeding $75,000 — the threshold for U.S. federal court — and lawyers’ fees, the company’s attorneys at Latham & Watkins write:

Continue reading Pharma company demands retraction, damages in lawsuit against journal

Carlo Croce, a cancer researcher at The Ohio State University who has had 10 papers retracted and at least as many subject to corrections or expressions of concern, has lost another court appeal.

Croce brought the case against Purdue University professor David Sanders in 2017 for statements that Sanders had made in stories in The New York Times and Lafayette Journal Courier. Judge James Graham, of the Southern District of Ohio Eastern Division, ruled against Croce in the case last year. Croce filed an appeal, and yesterday three judges in the Sixth Circuit of Appeals upheld the earlier ruling.

The judges note:

Continue reading Litigious OSU professor loses appeal in federal defamation case

Bowing to legal pressure from the supplement maker Herbalife, Elsevier earlier this year retracted — and then removed — a paper which claimed that a young woman in India died of liver failure after using the company’s products. The move has led to more legal threats.

In August 2018, a group of researchers in India published a report in the Journal of Clinical and Experimental Hepatology about the death, involving a 24-year-old woman who had taken a variety of supplements produced by Herbalife, a massive, and massively controversial, maker of nonprescription diet aids. 

The group, led by Cyriac Abby Philips, of Cochin Gastroenterology, in Kerala, India, asserted that tests of Herbalife products similar to those the woman had been taking revealed the presence of heavy metals, bacteria and, in most samples, “undisclosed toxic compounds including traces of psychotropic recreational agent.”

The case report — titled “Slimming to the death: Herbalife®-associated fatal acute liver failure-heavy metals, toxic compounds, bacterial contaminants and psychotropic agents in products sold in India” — is far from the first time scientists have linked Herbalife products to liver damage. They’ve done so here, here and here, to cite just a few instances. 

Continue reading After legal threats from Herbalife, Elsevier journal retracts — and then removes — a paper

We receive occasional demand letters from attorneys here at Retraction Watch. Perhaps the most memorable was one in 2013 from an attorney claiming to represent Bharat Aggarwal. That prompted Popehat’s Ken White to enlarge our vocabulary by using the word “bumptious” in a post about the letter.

To that library of letters we can now add one from Martin Weinstein, of Willkie Farr & Gallagher, on behalf of his client Monica Kraft, now of the University of Arizona and late of Duke University. Willkie Farr & Gallagher is “an elite international law firm of approximately 750 lawyers located in 12 offices in six countries.”

Duke, as Retraction Watch readers may recall, settled a False Claims Act case last year for $112.5 million following allegations about how various members of its Department of Medicine’s Pulmonary Division responded to alleged misconduct in the department beginning in 2013. As Duke acknowledged in a court filing, “Kraft was a Principal Investigator for some research projects conducted within the Pulmonary Division and was Division Chief from January 1, 2013 through September 30, 2014.”

The facts in the previous two paragraphs are, as best we can tell, all uncontested. That is also true of all of the facts in the Dec. 20, 2019 post that Weinstein requested we remove.

We cannot, unfortunately, say the same for Weinstein’s letter.

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Steven Trubow and Donald Morisky made a small fortune through a controversial company that licensed, often at what researchers thought were exorbitant rates, a tool to scientists, wielding the cudgel of costly legal action if they balked at payment. 

Now, in what critics of the pair will doubtless find a delicious irony, the pair is embroiled in a lawsuit over … licensing of the licensing business. 

Morisky, of UCLA, is the developer of the Morisky Medication Adherence Scale (MMAS), a proprietary research instrument he rents out to scholars and institutions — often at fees that have, in some cases, exceeded $100,000. Many researchers who don’t obtain permission have been forced to pay up or retract their work.

Continue reading Duo that used legal threats to force scientists to pay for a tool face off in court

The case of Jonathan Pruitt, a spider researcher suspected of fabricating data in potentially dozens of studies, keeps getting weirder. 

Pruitt, according to our count, now has six retractions. Currently associate professor and Canada 150 Research Chair at McMaster University in Hamilton, Ontario, he made a name for himself by providing other scientists with field data — much of which now appears to be unreliable. 

Among the latest developments in the case is a correction in Proceedings of the Royal Society B, for a 2016 article titled “Behavioural hypervolumes of spider communities predict community performance and disbandment.” That followed this April expression of concern, which read: 

Continue reading Spider researcher uses legal threats, public records requests to prevent retractions