The Michigan Court of Appeals is considering cross-appeals in the case of a prominent cancer researcher, represented by Nicholas Roumel of NachtLaw, who was subject to a smear campaign, by anonymous commenters on an anonymously hosted web site. (See previous blog post about Sarkar v. Doe(s)). After oral argument, while the Court was considering the case, the web site’s attorneys attempted to introduce the results of an investigation against the researcher into the appellate record. NachtLaw considered this to be an improper attempt to influence the Court with evidence that was not properly presented before the court. The court just issued a ruling, siding with NachtLaw, and refusing to allow introduction of the investigation. This development was covered by Retraction Watch and “The Scientist“:
Mr. Roumel is encouraged by this ruling, and awaits the Court’s final decision on the merits of this important appeal.