Courts have sanctioned lawyers for submitting briefs citing nonexistent cases produced by generative AI. Remedies have included monetary sanctions, fee awards to opposing parties, mandatory continuing education, referral to disciplinary authorities, and public written opinions naming the lawyers.
Sanctions have issued under rules governing frivolous filings, under the court's inherent authority, and through professional discipline.
Alternative Names:
AI Hallucination Sanctions, Fake Citation Sanctions
Why it Matters?
These orders are now a recognized category of published decision, and the reputational consequence typically exceeds the monetary one. The recurring judicial theme is that the failure was not using AI but filing without reading the cited authorities, which is why courts have rejected the defense that the technology malfunctioned.
Frequently Confused with
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Frequently asked questions
What sanctions have courts imposed for fabricated citations?
Is it a defense that the lawyer did not know AI fabricates?
