Apparent AI errors snag BigLaw firm; 1 case 'is totally fake,' another 'is almost real,' federal judge says
A federal judge in Oregon is threatening sanctions against a corporate litigant and its BigLaw attorneys for “fake citations” that appear to be the product of generative artificial intelligence.
In an Oct. 27 opinion, U.S. District Judge Michael H. Simon of the District of Oregon issued an order to show cause why he shouldn’t sanction trademark plaintiff Green Building Initiative Inc. and its lawyers for the errors.
The Volokh Conspiracy noted the opinion.
Green Building Initiative is represented by Buchalter and Snell & Wilmer, but only Buchalter lawyers are listed on the document with citation errors.
Simon said one cited opinion, Stell v. Cardenas, “is totally fake.” It does not exist at the Westlaw citation provided, and there is no case with “Stell” and “Cardenas” in the caption. A federal case number cited does exist, but it’s for a different case in which Simon presided.
Another case, Page v. Parsons, “is almost real,” Simon said. There is a case with that name, but it’s a state appellate case, not a federal case. And the Federal Supplement citation listed is for a death penalty case.
“For some time, it has been well known—and well publicized—that generative AI tools ‘hallucinate’ fake cases,” Simon said. “Just as well known are the ethical obligations of attorneys who choose to use generative AI when drafting court filings.”
Simon said Green Building Initiative should propose what it thinks is an appropriate sanction, and it should “reflect the nature and seriousness of its use of fake citations and appropriate steps to ensure that this type of violation will not occur again.”
Simon issued the show-cause order in Green Building Initiative’s lawsuit against Green Globe Limited for alleged trademark infringement, unfair competition, breach of contract and deceptive trade practices. The mistakes were in an Oct. 14 document supporting interim attorney fees after Green Building Initiative won dismissal of two of Green Globe Limited’s counterclaims. Simon denied the attorney fees, noting that the dismissal was without prejudice and Green Globe Limited can replead the counterclaims.
The lawyers who signed the motion at issue are David A. Bernstein and Daniel P. Larsen of Buchalter. Bernstein did not immediately reply to the ABA Journal’s request for comment. An automatic reply to Larsen’s email said he is out of the office on jury duty.
The Snell & Wilmer lawyer, Thomas J. Speiss, also did not immediately reply to a request for comment.
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