AI Hallucination Cases

Respondent filed an opposition brief in federal litigation containing numerous citation errors and misstatements of law. The District Court found the brief AI-generated, noting ChatGPT described at least one cited case in the same erroneous manner, and admonished counsel; this Court imposed reciprocal discipline in the form of a public censure for failure to supervise and for filing an unreviewed AI-drafted brief.

When warned about the issue, cousel apologised in an open letter to the Court.

Later on, the Court issued a Show Cause Order (see here).

Order to Show Cause is here.

Show Cause Order is here.

Counsel Steven A. Feldman repeatedly filed submissions containing AI-generated nonexistent case citations and misattributed quotations. Opposing counsel flagged numerous errors; the Court found fabricated citations and false quotes, concluded counsel acted in bad faith or with conscious avoidance, struck the filings, and entered default judgment against counsel's client Affable Avenue LLC. The Court permitted opposing counsel to apply for attorneys' fees.

Order to show cause was here. Defendant later obtained summary judgment, in part because plaintiff failed to cite any legal authority (once the hallucinated material was stricken).

The tribunal rejected the company's request because none of the grounds were sufficiently detailed and the petition was manifestly drafted using a generative AI tool; the court relied on article R.222-1(7) to dismiss the filing for lack of necessary precision.

"Judges and commentators continue to warn lawyers about the risks of artificial intelligence shortcuts. We today address a more fundamental concern: lack of diligence and supervision of less experienced lawyers who can fairly expect supervision. The lawyers disregarded basic fundamental understandings learned in law school about the need to ensure the case citations presented to judges support what lawyers say they do. Counsel fell far short of this fundamental obligation warranting monetary sanctions against the New York co-counsel and non-monetary sanctions against both the New York co-counsel and her local Philadelphia co-counsel.

Attorneys are again forewarned. Judges and their talented lawyers in Chambers scrutinize memoranda. Submissions containing unverified authority divert limited resources from other litigants who rely on their advocates’ careful research, accurate citation, and disciplined advocacy. These sanctions serve as a reminder the attorney’s oath of admission demands no less."

While the R&R recommended a monetary sanction, in the eventual order (available here), the court opted only for six hours of CLE, and the requirement of a "sworn statement with every document [Counsel] files in this Court verifying that [Counsel] has personally checked all citations and quotations in the filing to ensure accuracy."

In an earlier order, following Show Cause proceedings, a magistrate determined that the counsel violated Rule 11(b)(2) by failing to verify the accuracy of the citations and imposed several sanctions:

1. "The pro hac vice status of Counsel shall be revoked and Counsel will be removed from this case;
2. Plaintiff’s Opening Brief shall be stricken;
3. Counsel will be ordered to promptly serve a copy of this Order on Plaintiff, who will in turn be afforded time to engage new counsel or proceed as a self-represented litigant;
4. Counsel will be ordered to write a letter to the three Judges to whom she attributed fictitious cases, [...], notifying them of her use of fake cases with their respective names attached;
5. Counsel will be ordered to transmit a copy of this Order to every Judge who presides over any case in which Counsel is attorney of record; and
6. The Clerk of Court’s Office will be directed to serve a copy of this Order on the Washington State Bar Association, of which Counsel is a member. If Counsel is a member of any other state’s bar, she shall serve a copy of this Order on that state’s bar office."

The court later reversed all sanctions, but reinstated the first and second on other grounds.