ANALYSIS: Sanctions for Fake Generative AI Cites Harm Clients

Courts are grappling with what sanctions they should impose when a party submits pleadings with fake, AI-generated cases. Should they strike the offending pleadings—which has the greatest consequence to a client—or should they sanction only the submitting attorney?

If the offense is the hallucination and fabrication of case law, and not the use of AI itself, a recent Ninth Circuit case offers a cautionary warning of what courts could do.

Fabrication in the Ninth

The Ninth Circuit in March struck an opening appellate brief that referenced fabricated case law and misrepresented facts and case holdings. Although it’s not clear from ...