Virgil v. Experian Information Solutions, et al.
S.D. Indiana · Feb 12, 2026
- Jurisdiction
- federal
- Court
- S.D. Indiana
- Record ID
- virgil-v-experian-information-solutions-et-al-2026-02-12
- Observed outcome
- The Magistrate Judge recommended a $10,000 monetary sanction and a referral to the Chief Judge for potential professional discipline.
- Known monetary consequence
- $1
Why this matter warrants attention
The court recommended a $10,000 monetary sanction and a referral to the Chief Judge for disciplinary review after counsel submitted multiple briefs containing fabricated and misrepresented case law. The court determined that the attorney failed to perform the fundamental duty of verifying the validity of cited authorities before filing.
Fabricated: Case Law | Counsel cited Myers v. Passport Health, 2013 WL 5819270 (S.D. Ind. Oct. 29, 2013); court found this citation does not exist. || Fabricated: Case Law | Counsel cited Schuh v. American Express Bank, FSB, 2019 WL 132741 (N.D. Ind. Jan. 8, 2019); court found the citation does not exist. || Fabricated: Case Law | Same non-existent Myers citation also appeared in a separate filing (Docket 240); court found it does not exist. || Fabricated: Case Law | Counsel cited Merriman v. Equifax Info. Servs., LLC, 2021 WL 5937732 (D. Kan. Dec. 16, 2021); court found this citation does not exist. || Fabricated: Case Law | Counsel cited Treece v. Perrillo, No. 1:17-cv-00406, 2018 WL 3815004 (S.D. Ind. Aug. 10, 2018); court found the opinion does not exist. || Fabricated: Case Law | Counsel cited Armstrong v. Kroger Co., 621 F.2d 934 (8th Cir. 1980); court found this citation to be non-existent as cited. || Fabricated: Case Law | Counsel cited Hinkle v. CBE Grp., 827 F.3d 129 (5th Cir. 2016); court determined the cited opinion does not exist. || Fabricated: Case Law | Counsel cited Wigington v. Hill-Soberg Co., 396 F.2d 228 (5th Cir. 1968); court found the citation non-existent. || Fabricated: Case Law | Counsel cited Jenkins v. Equifax Info. Servs., LLC, 736 F. Supp. 2d 962 (E.D. Va. 2010); court found the citation does not exist. || Fabricated: Case Law | Counsel cited Rodriguez v. Pasquarella, 2019 WL 2411480 (N.D. Ill. June 7, 2019); court found this citation non-existent. || Misrepresented: Case Law | Counsel cited Harris v. Mexican Specialty Foods, Inc., 564 F.3d 1301 (11th Cir. 2009); court found the case exists but was misrepresented for the proposition cited. || Misrepresented: Case Law | Counsel cited Wright v. Experian Info. Sols., Inc., 805 F.3d 1232 (10th Cir. 2015); court found the citation was misrepresented and did not support the asserted point. || Misrepresented: Case Law | Counsel cited In re TJX Cos. Retail Sec. Breach Litig., 524 F. Supp. 2d 83 (D. Mass. 2007); court concluded the citation was misrepresented as to the issue relied upon. || Misrepresented: Case Law | Counsel cited King v. Gen. Info. Servs., Inc., 903 F. Supp. 2d 303 (E.D. Pa. 2012); court found the citation was misrepresented for the proposition cited. || Fabricated: Case Law | Counsel cited Myers v. Asset Acceptance, LLC, 750 F.3d 910, 915-17 (11th Cir. 2014); court found this specific citation does not exist.
Ten-plus fabricated cites across multiple filings triggers bar referral; one missed verification audit can end careers.
Failure modes and consequences
- Fake Citations
- Misrepresented Authority
- Bar Referral
- Contract
- Trial
- Monetary
- AI attribution
- Reported
- Recorded tool
- AI (implied, unspecified)
- Known monetary consequence
- $1
- Procedural posture
- Report and Recommendation on Rule 11 sanctions issued by the Magistrate Judge on February 12, 2026.
Damien Charlotin case archive
Publisher document archive. The recorded document is hosted in the upstream publisher archive.
Open underlying sourceA recorded source link is not a substitute for checking the underlying order, filing, opinion, or disciplinary record.
What this record does—and does not—establish
AI (implied, unspecified) is recorded in the source dataset; confirm the basis in the linked document.
Retained unchanged after audit: the existing summary is source-specific, non-placeholder, and supported by the recorded source link. Read the underlying source before relying on it for legal advice or a filing.
Latest evidence review: Primary Document Verified (high confidence).
Controls suggested by the public record
- Verify each cited authority, quotation, and proposition against the underlying source before filing.
- Assign a responsible reviewer for AI-assisted research and drafting.
- Retain a matter-level record of source checks and corrections.
- Set a written rule for permissible AI use and mandatory verification.