Promote Scientific Discourse, Not Lawsuits

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.