An Ohio State University oncology researcher whose alleged history of scientific misconduct was written about by The New York Times urged the Sixth Circuit to revive his defamation suit against the newspaper, arguing the district court relied on the wrong standard.

Senior U.S. District Judge James L. Graham had used an "accurate and balanced report rule" to test the claims rather than a "reasonable construction test," Carlo Croce said Friday. This difference led the court to dismiss his claims, even though Croce argues the allegations are false and the Times knew he had committed no wrongdoing when it published the article, the brief states.

"The article, its headlines, its overall construction, and the statements contained therein compel the reasonable reader to conclude that Dr. Croce is guilty of scientific misconduct and that OSU has turned a blind eye to his misconduct because of the money he generates for OSU," the petition states. "The article and its contents are false and defamatory per se."

The New York Times is represented by Michael D. Sullivan and Jay Ward Brown of Ballard Spahr LLP, among others.

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