Date: December 20, 2011
Author: Ewen Callaway
URL: http://blogs.nature.com/news/2011/12/institute-claims-victory-in-civil-suit-against-judy-mikovits.html
Institute claims victory in civil suit against Judy Mikovits
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Judy Mikovits has lost a civil lawsuit filed by her former employer,
the Whittemore Peterson Institute for Neuro-Immune Disease (WPI) in
Reno, Nevada. The laboratory was seeking return of laboratory
notebooks, a computer and other materials it claims Mikovits
possessed. Judge Brent Adams of Washoe County, Nevada, Court ruled in
favour of the WPI on 19 December, according to the court docket.
In a statement, the WPI's lawyer, Carli West Kinne of SNR Denton,
said: 'At yesterday's civil hearing, the Honorable Brent Adams found
that Dr. Mikovits' degree of non-compliance with the court's orders
was willful and deliberate without justification. Consequently, the
judge entered a default judgment in favor of Whittemore Peterson
Institute and also awarded the Institute attorney's fees. Most
importantly to the Institute, today's ruling requires immediate return
of all misappropriated materials.'
Mikovits was fired from her job in late September for refusing to
share a cell line with another WPI researcher. According to affidavits
filed by the WPI's lawyers, she then directed a researcher in her
former lab to remove laboratory notebooks from her office. Mikovits
was arrested in California on 18 November and spent four nights in
jail, before being later charged in Nevada with possessing stolen
material. That criminal case is still pending.
The WPI filed its civil case on 4 November seeking return of the lab
notebooks, a computer and flash drives, as well as access to private
e-mail accounts she used. Judge Adams issued an injunction preventing
Mikovits from altering or distributing the materials on 22 November.
The WPI recovered some of its material before the latest ruling, but a
spokeswoman for SNR Deton, Audrey Young, says that Mikovits's own
laboratory notebooks have not been returned. 'We're pleased with the
Judge's decision that all of the Whittemore Peterson Institute's
property should be returned. We hope to receive the Institute's
property and put this matter behind us as soon as possible,' Annette
Whittemore, president of WPI, said in a statement.
Nature has not yet heard back from Mikovits or her civil lawyer,
Dennis Jones, but we will update this post when we hear anything.
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(c) 2011 Macmillan Publishers Limited
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