March 27, 2023
AAP Applauds dismissal of Pacira Biosciences Lawsuit, which aimed to censor scientific publishing via litigation
AAP applauds today’s dismissal of the Pacira Biosciences vs American Society of Anesthesiologists lawsuit. This dismissal bolsters the freedom to publish for the scientific community, giving pause to any who would attempt to use of litigation to censor scientific publications.
AAP filed an amicus brief in support of the American Society of Anesthesiologists in the suit lodged by Pacira, a pharmaceutical company in September 2022.
As U.S. District Judge Madeline C. Arleo noted in her brief, Pacira’s critiques of the published studies do not form the basis for trade libel, and “To conclude otherwise would risk ‘chilling’ the natural development of scientific research and discourse.”
“Today’s dismissal is a win for scholarly publishers, who must be free to disseminate important educational and scientific works and contribute to the ongoing debates in the scientific and medical communities without fear or favor,” commented Terrence Hart, General Counsel, Association of American Publishers. “As we point out in our brief, academia and research labs are the proper place for scientific disputes, not courtrooms. This dismissal provides a warning for any who would try to use the courts to bully, threaten, or attempt to censor scientific publishing.”
You can read more highlights from our amicus brief here.