Preparing the requested public record.
Preparing the requested public record.
S.D. Florida · May 20, 2025
Fabricated: Case Law | Defense cited a non-existent case to argue privilege assignments must be clear and unmistakable; Plaintiff could not find it on Westlaw/Lexis, the Court also could not locate it, and defense later withdrew and admitted AI use. Outcome: Joint and several liability for Plaintiff’s attorneys' fees and costs incurred in addressing the hallucinated citation; CLE requirement on AI ethics; Monetary fines.
Fabricated: Case Law | Defense cited a non-existent case to argue privilege assignments must be clear and unmistakable; Plaintiff could not find it on Westlaw/Lexis, the Court also could not locate it, and defense later withdrew and admitted AI use. Outcome: Joint and several liability for Plaintiff’s attorneys' fees and costs incurred in addressing the hallucinated citation; CLE requirement on AI ethics; Monetary fines.
First Counsel, who had not previously used AI for legal work, used an unspecified AI tool to assist with drafting a response. He failed to verify the citation before submission. Second Counsel, as local counsel, filed the response without checking the content or accuracy, even though he signed the document.Second Counsel then said that he had initiated "procedural safeguards to prevent this error from happening again by ensuring he, and local counsel, undertake a comprehensive review of all citations and arguments filed with this and every court prior to submission to ensure their provenance can be traced to professional non-AI sources."
The hallucinated case was cited as controlling Delaware authority on privilege assignments. When challenged by Plaintiff, Defendants initially filed a bare withdrawal without explanation. Only upon court order did they disclose the AI origin and acknowledge the error. Counsel personally apologized to the court and opposing counsel.
Judge William Matthewman imposed a multi-part sanction:Attorneys’ fees and costs incurred by Plaintiff in rebutting the hallucinated citation—jointly payable by CounselRequired CLE on AI ethics within 30 days, with proof of completion due by June 20, 2025Monetary fines: $1,000 (First Counsel) and $500 (Second Counsel), payable to the Court registryThe Court emphasized that the submission of hallucinated citations—particularly when filed and signed by two attorneys—constitutes reckless disregard for procedural and ethical obligations. Though no bad faith was found, the conduct was sanctionable under Rule 11, § 1927, the Court’s inherent authority, and local professional responsibility rules.
The Court distinguished this case from more egregious incidents (O’Brien v. Flick, Thomas v. Pangburn) because the attorneys admitted their error and did not lie or attempt to cover it up. However, the delay in correction and failure to check the citation in the first place were serious enough to warrant monetary penalties and educational obligations.
Local counsel who signs without checking is jointly liable; require both drafting and signing counsel to verify citations.
The current record does not establish a specific AI tool. Do not infer AI use beyond the source.
Joint and several liability for Plaintiff’s attorneys' fees and costs incurred in addressing the hallucinated citation; CLE requirement on AI ethics; Monetary fines
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.