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Promote Scientific Discourse, Not Lawsuits

By
Vikram Dhillon ,
Vikram Dhillon
Matthew Fisher Orcid logo
Matthew Fisher

Abstract

Pacira Biosciences initiated a lawsuit asserting trade libel over articles and related materials produced by Anesthesiology. The defendants filed a motion to dismiss. After hearing oral argument and considering briefs, the presiding court dismissed the case with prejudice. The court focused on the preference for scientific disputes to be addressed through scientific discourse and under peer review. The court recognized that courts are not an appropriate venue absent specific circumstances. The decision will optimistically encourage dialogue and not chill future questions from being raised.

References

1.
American Society of Anesthesiologists, Inc., et al. Defendants. United States District Court District of New Jersey. 2022;
2.
Hussain N, Brull R, Sheehy B, Essandoh MK, Stahl DL, Weaver TE, et al. Perineural Liposomal Bupivacaine Is Not Superior to Nonliposomal Bupivacaine for Peripheral Nerve Block Analgesia. Anesthesiology. 2021;134(2):147–64.
3.
Copyright Ownership: This is an open access article distributed in accordance with the Creative Commons Attribution Non Commercial (CC BY-NC 4.0) license, which permits others to distribute, adapt, enhance this work non-commercially, and license their derivative works on different terms, provided the original work is properly cited and the use is non-commercial.

Citation

This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. 

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