Category: Legal Threats

US court denies virus researcher’s latest appeal challenging 7-year funding ban

Scott Brodie has almost run out of options.

A former professor at the University of Washington, Brodie is currently involved in his third lawsuit challenging a finding of scientific misconduct and a seven-year funding ban handed down in 2010 by the U.S. Department of Health and Human Services’ Office of Research Integrity. He says that in the time since his case was heard by an administrative law judge at the ORI level, new evidence has come to light that shows he “did not have a ‘full and fair opportunity to litigate’ the issues.” His lawsuit sought a court order to have the ORI revisit its decision.

Last year, a U.S. District Court judge dismissed the case, saying it revisited old issues that had already been litigated, but Brodie appealed that decision. Now, his quest may have come to an end: On Nov. 27, the U.S. Court of Appeals for the D.C. Circuit dismissed the appeal. If he wants to continue the case, Brodie’s only remaining option is to appeal the decision to the U.S. Supreme Court.

In the court order, the panel of three judges wrote:

Continue reading US court denies virus researcher’s latest appeal challenging 7-year funding ban

Professor sues UC Davis over forced retirement following misconduct inquiry

Ishwarlal “Kenny” Jialal

Last year, a professor brought a suit against his former university after it forced him to retire. Now, he’s adding defamation to his list of allegations.

In a lawsuit filed July 14, 2016, Ishwarlal “Kenny” Jialal, a cardiovascular researcher who worked at the University of California, Davis Medical Center from 2002 to 2016, alleges the school breached the separation agreement that led to his ouster. The university forced him to retire following a misconduct inquiry in which he was cleared of wrongdoing, and later stripped him of emeritus status. Before a trial date could be set, Jialal decided he wanted to add to the list of allegations; in an amended complaint filed Oct. 23, 2017, he says individuals at UC Davis badmouthed him to a potential employer and cost him a job.

Jialal is seeking unspecified monetary damages, an order that would rescind the separation agreement that led to his departure, injunctive relief, and attorney’s’ fees and other costs related to the suit.

A spokesperson for UC Davis told us: Continue reading Professor sues UC Davis over forced retirement following misconduct inquiry

Brazil research foundation sues scientist over $103k scholarship

The São Paulo Research Foundation (FAPESP), a state-level agency in Brazil that funds scientific research, is suing Paty Karoll Picardi, a protégé of Brazilian diabetes researcher Mario Saad.

According to a São Paulo Court of Justice website, the reason stated is for “recebimento of bolsa de estudos,“ which translates to “receipt of scholarship.” FAPESP is suing for 334,116 Brazilian Reals ($102,927).

Now, Picardi is counter-suing, according to a case document released Nov. 17 — although we’re not sure for what, and why.  Continue reading Brazil research foundation sues scientist over $103k scholarship

US court issues injunction against OMICS to stop “deceptive practices”

A US government agency has won an initial court ruling against OMICS, which the government says will help stop the academic publisher’s deceptive business practices.

Today, the Federal Trade Commission (FTC) announced that it won a preliminary injunction in September in its lawsuit against Srinubabu Gedela, CEO of OMICS Group and other companies.

The lawsuit, filed in August 2016, accused the defendants — which include Gedela and OMICS Group, iMedPub, and Conference Series — of deceptive business practices related to journal publishing and scientific conferences. The FTC alleged the defendants used the names of prominent researchers to draw conference attendees, even though the researchers had not agreed to participate; misled readers about whether articles had been peer reviewed; failed to provide authors with transparent information about publishing fees prior to submission; and presented misleading “impact factors” for journals.

On Sept. 29, Judge Gloria Navarro of the US District Court for the District of Nevada, wrote that evidence submitted by the FTC “is sufficient to support a preliminary conclusion that Defendants made misrepresentations regarding their journal publishing” and conferences, and: Continue reading US court issues injunction against OMICS to stop “deceptive practices”

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”

More duplications for researcher accused of misconduct in lawsuit

Despite losing a lawsuit against his former mentor, a researcher hasn’t stopped his efforts to discredit his mentor’s work. These efforts have led to new editorial notices — including, most recently, a correction and expression of concern for one paper by a former colleague, who wasn’t even the subject of the lawsuit.

In the 2014 suit, former Brown University postdoc Andrew Mallon said research misconduct by John Marshall — his lab director and former business partner– tainted a 2013 paper published in PLoS Biology. Though the case failed to trigger the retraction Mallon sought, it put his concerns into the public record; the text of the lawsuit includes an accusation of misconduct against Cong Cao — Marshall’s former mentee and the first author of that 2013 paper.

Mallon has since contacted journals to raise concerns about papers by Cao, and two journals have taken action. The most recent move: On Aug. 10, the Biochemical Journal did something we don’t see very often — it issued both a correction and an expression of concern (EoC) for one of Cao’s papers: “EGFR-mediated expression of aquaporin-3 is involved in human skin fibroblast migration,” originally published Nov. 14, 2006. Continue reading More duplications for researcher accused of misconduct in lawsuit

Swedish prosecutor won’t pursue criminal case against Macchiarini

Paolo Macchiarini

A Swedish prosecutor has announced she won’t continue investigating a former star surgeon who has since fallen from grace.

Paolo Macchiarini made a name for himself by transplanting synthetic tracheas. After multiple patients died, however, allegations against the researcher have continued to swirl. He was dismissed from the Karolinska Institutet last year, after it reopened its misconduct investigation. The Swedish prosecutor was investigating Macchiarini’s role in the deaths of three out of four patients he operated on five times between 2011-2013.

Although the prosecution concluded that most of the operations proceeded “negligently,” it could not conclude Macchiarini was criminally responsible.

According to the public prosecutor Jennie Nordin:

Continue reading Swedish prosecutor won’t pursue criminal case against Macchiarini

Dispute over author order torpedoes paper on syndrome linked to autism

At least one disgruntled co-author has triggered the retraction of a paper presenting a novel approach to treating a rare, genetically inherited condition.

The paper concerned research on Fragile X syndrome (FXS), characterized by both intellectual and physical abnormalities, which is linked autism. A compound that passed through phase 2 clinical trials in October 2015 appeared to partially treat FXS in mice in the study, published earlier this year.

The journal’s notice says the paper was retracted over a dispute among authors about the order in which they are listed on the paper: Continue reading Dispute over author order torpedoes paper on syndrome linked to autism

“Credible threats of personal violence” against editor prompt withdrawal of colonialism paper

A journal has withdrawn an essay that called for a return to colonialism after the editor received alleged threats tied to the article.

Soon after Third World Quarterly published the controversial essay, readers began to object. When the journal defended its decision, 15 editorial board members resigned in response. More than 10,000 people signed a petition to have it retracted. On September 26, the publisher posted a statement — including a detailed timeline of the paper’s peer review process — and said the the author had requested to withdraw the article. However, in the statement, the publisher said that “peer-reviewed research articles cannot simply be withdrawn but must have grounds for retraction.”

The journal has since changed its position, and withdrawn the paper entirely from its site, posting this notice in its place:

Continue reading “Credible threats of personal violence” against editor prompt withdrawal of colonialism paper

Carlo Croce, Ohio State researcher facing misconduct allegations, suing New York Times for defamation

Carlo Croce

Carlo Croce, a cancer researcher at The Ohio State University who has faced numerous allegations of research misconduct, has filed a lawsuit against the New York Times, claiming the newspaper defamed him in a March 8 story.

Croce filed the civil suit May 10, in the US District Court for the Southern District of Ohio, naming as co-defendants Times reporters James Glanz and Agustin Armendariz, publisher Arthur Sulzberger, Jr., and executive editor Dean Baquet. According to court documents, he’s seeking damages in excess of $75,000. The Times lawsuit was first reported by Courthouse News in May, but it’s actually the second defamation suit Croce filed that we know of.

In April, we’ve recently learned, Croce filed a separate defamation lawsuit against David Sanders, a professor at Purdue University and a key source for the Times story. Croce is seeking damages from Sanders in excess of $75,000.

Croce’s lawyer, Thomas Hill, of Columbus, Ohio firm Kegler Brown Hill + Ritter, told Retraction Watch his client was fighting a “David and Goliath battle” against the Times: Continue reading Carlo Croce, Ohio State researcher facing misconduct allegations, suing New York Times for defamation