Preparing the requested public record.
Preparing the requested public record.
E.D. Wisconsin · Jan 22, 2025
Fabricated: Case Law | Defendants' counsel's summary judgment brief included citations to non-existent cases; court flagged them, referenced Rule 11 and Park v. Kim, noted likely AI-generated sources, and warned of sanctions; counsel filed an amended brief omitting them. Outcome: Warning.
Fabricated: Case Law | Defendants' counsel's summary judgment brief included citations to non-existent cases; court flagged them, referenced Rule 11 and Park v. Kim, noted likely AI-generated sources, and warned of sanctions; counsel filed an amended brief omitting them. Outcome: Warning.
Counsel admitted using a “new legal research medium”, appears to be a generative AI system or platform capable of generating fictitious case law. Counsel did not deny using AI, but claimed the system may have been corrupted or unreliable. The amended filing removed the false authorities.
The court did not identify the specific fake cases but confirmed that “citations to non-existent cases” were included in Defendants’ original brief. Counsel’s subsequent filing corrected the record but did not explain how the citations passed into the brief in the first place.
Judge William Griesbach denied the motion for summary judgment on the merits, but addressed the citation misconduct separately. He cited Rule 11 and Park v. Kim (91 F.4th 610, 615 (2d Cir. 2024)) to underline the duty to verify. No formal sanctions were imposed, but counsel was explicitly warned that further use of non-existent authorities would not be tolerated.
The court emphasized that even if the submission of false citations was not malicious, it was still a serious breach of Rule 11 obligations. Legal contentions must be “warranted by existing law,” and attorneys are expected to read and confirm cited cases. The failure to do so, even if caused by AI use, is unacceptable. The court accepted counsel’s corrective effort but insisted that future violations would be sanctionable.
Blaming a 'corrupted research tool' is no defense; attorneys must read every cited case before filing.
The current record does not establish a specific AI tool. Do not infer AI use beyond the source.
Warning
Correction behavior is not separately verified in the current record.
1 citation, quotation, or authority issues are recorded in the source dataset.
Related by court, jurisdiction, tool, or classified failure pattern. Similarity does not imply the same facts or outcome.