No Sanctions Against Prof. Francesca Gino Over Libel Claim Against Data Colada
From today’s order by Judge Myong J. Joun (D. Mass.) in Gino v. President & Fellows of Harvard College:
The Data Colada Defendants request sanctions based on Gino’s defamation claims, which alleged that the Defendants falsely accused her of data fabrication in four academic studies. Gino’s suit followed an investigation by Harvard University, which concluded that the data in the studies were altered in ways that aligned with the authors’ hypotheses. The investigation relied on forensic analysis and original datasets. In response, Gino alleged that she was unfairly targeted by a campaign of harassment orchestrated by the Defendants in coordination with Harvard.
Gino’s own admissions during the Harvard investigation—including her acknowledgment that the posted datasets were inconsistent with originals, and her concession that she had no explanation for the discrepancies—undermine the premise of her later-filed defamation complaint. As the Defendants correctly note, it is not defamation to publish statements that are true or substantially true. In their motion, the Defendants provide extensive excerpts from the Harvard report and Gino’s responses that show she acknowledged the presence of data alteration, even if she denied responsibility for it. Plaintiff’s opposition does not meaningfully rebut the central facts. Rather, it attempts to relitigate the credibility of the Harvard investigation and the intentions of the Defendants.
Still, while it is true that federal courts possess inherent power to sanction bad-faith conduct, it is also true that that power must be exercised with restraint and only where it is clear a party has acted in bad faith, vexatiously, or for oppressive reasons. Here, Gino’s defamation claims against the Data Colada Defendants were weak indeed; however, that does not necessarily equate to bad faith, vexatious, or oppressive….
The post No Sanctions Against Prof. Francesca Gino Over Libel Claim Against Data Colada appeared first on Reason.com.
Source: https://reason.com/volokh/2025/07/10/no-sanctions-against-prof-francesca-gino-over-libel-claim-against-data-colada/
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