AI Hallucination Cases

(Monetary sanction decided in later determination, available here.)

Claimant cited several inapplicable regulations to support reimbursement. When directed to supply the texts, claimant admitted he had used artificial intelligence to create his submission and withdrew reliance on the cited regulations except for JTR 053710. The Board denied the claim.

The appellant cited two reported decisions which the Board could not locate and concluded likely do not exist and may have been generated with AI; the Board excluded those authorities from evidence and cautioned the appellant about nondisclosure of AI per the Board's Code of Conduct.

Monsieur Laprade filed a contestation containing multiple citations to non-existent authorities generated with the assistance of artificial intelligence. The Court found these to be fabricated (so-called "hallucinated") citations, constituting a manquement important to the conduct of the proceeding under art. 342 C.p.c., and imposed a 5,000$ sanction.

The Adjudication Officer found the complainant's submissions contained multiple inaccurate and non‑existent legal citations. The Respondent had flagged AI‑generated drafting and numerous phantom or misquoted determinations; the Officer concluded the complainant failed to establish a prima facie case and that the submissions contained egregious and misleading citations.

The appellate opinion and editor's note identify numerous incorrect or non-existent case citations in the appellant's filings. The court treated those citations as unreliable, found several to be fictitious or unlocatable, and declined to credit them in resolving the appeals.

The Court observed that several authorities cited in the Kogers' pro se filings do not exist and appeared to be fabricated (noting possible use of AI), warned of Rule 9011 implications, and treated the filings as part of an abusive litigation strategy warranting dismissal and a one-year filing bar.

Actually the fourth order in that case that pertains to hallucinations; a first, June 5 Order is only mentioned in a second, June 18 order that does not call out what appears to be hallucinated references.

The Court preserved the invalid citations in the opinion as they are part of the record, admonished that fabricated or incorrect citations frustrate review and may lead to reprimand or sanction.

"The Court respectfully proposes that the time may be near for an exception to the Erickson liberal-construction rule, where a pro se individual relies on AI to draft pleadings and thus blurs the line between what is a good faith pro se assertion of an actionable claim and what is a computer-generated morass that only serves to waste court time and resources."

Defendant's reply brief contained citations that did not support her arguments and included at least one non-existent case citation; the court concluded these errors suggest use of AI and treated the issues as abandonment under Rule 28(b)(6), dismissing the appeal.

The court found the plaintiff's filings contained misrepresentations of the record—specifically, a purported 'Clerk's Entry of Default' that never existed and a claim that an Immigration Judge made a final binding APA finding. The court attributed these misrepresentations to likely AI generation, warned the plaintiff about consequences for false statements, and construed the misrepresentations as AI misapplication rather than deliberate deception.

The appellant (self-represented) cited two nonexistent cases in her appellate brief. The respondent flagged the fictitious citations and requested sanctions. The court found the citations fictitious, discussed sanction authority and AI-generated filings, but declined to impose sanctions because the request was procedurally inappropriate, the appellant corrected filings promptly, and the legal propositions were, in fact, supported by existing authority.

The appellate court observed that the pro se appellant's opening brief cited cases that do not exist and exhibited hallmarks of generation by a large language model (repetitive 'refined' drafts, internal suggestions, and the statement 'Generative AI is experimental'). The court identified the fabricated citations and noted the brief's deficiencies but proceeded to decide the jurisdictional timeliness issue on the merits, affirming dismissal.

The appellant admitted using generative AI to prepare his Notice of Appeal and Summary of Argument. The Court found several cited authorities could not be located (concluding they were fictitious) and held that deploying unverified AI-generated research that cites non-existent cases breaches duties not to mislead the court and risks contravening Pt XIVB of the Family Law Act 1975 (Cth) (on confidentiality of proceedings).

The court found multiple exhibits (videos, photographs, messaging screenshots, and metadata) to be fabricated or materially altered using generative AI. The court deemed Plaintiffs' explanations not credible, declined criminal referral, declined monetary sanctions, and imposed a terminating sanction under Cal. Civ. Proc. Code § 128.7(b).

As recounted here.