They Just Can't Help It, AI Hallucination Edition
From Judge Judith Levy (E.D. Mich.) in Evans v. Robertson, the I've Seen Fake Cites on Both Sides Now case:
The litigants in this case … have been repeatedly warned that factitious citations will not be tolerated by the Court. Judge Stafford ordered Plaintiff and Defendant to "include a written representation that [they have] personally checked each legal citation and each citation is accurate and stands for its asserted proposition" and warned that a failure to do so may result in sanctions. Despite Judge Stafford's order, both Plaintiff and Defendant have violated the Court's express requirements and lied to the Court numerous times….
Defendant's objection, which was previously stricken by the Court, contained several factitious citations…. Plaintiff's objection contains at least two factitious citations…. Plaintiff references these factitious citations despite her declaration of verification, which states "I, the undersigned, verify that the legal authorities cited herein are accurately stated, relevant …, and drawn from controlling or persuasive precedent applicable to the issues presented in this case." …
Plaintiff's response to Defendant's objections also contains a factitious citation…. Plaintiff references this factitious citation despite her certification, which states "Plaintiff affirms that all legal authorities cited in this filing have been reviewed and verified for accuracy. All case citations were cross-checked using Westlaw and the University of Detroit Law Library, with the assistance of library staff, to ensure correct citation format, validity, and precedential status as of the date of filing." …
In addition, Defendant's response to Plaintiff's objections contains numerous factitious citations…. Defendant references these factitious citations despite her certification ….
Next, Defendant's objections to Judge Stafford's Report and Recommendation contains factitious citations. Despite Defendant's certification that "she has personally checked each legal citation in this filing and that each citation is accurate and stands for the proposition asserted," Defendant's citations are not accurate and do not stand for her propositions asserted…. It is obvious that Defendant's certification regarding accuracy is false….
Defendant's "motion to strike Plaintiff's limited rebuttal" contains factitious citations and lacks the required written representation that she personally checked each legal citation and that each citation is accurate and stands for its asserted proposition…. It is appalling that Defendant would use fabricated quotations in her argument that Plaintiff is misleading the Court….
Plaintiff's "consolidated response to Defendant's refiled objections" and Defendant's "motion to strike Plaintiff's limited rebuttal" also contains factitious citations, despite Plaintiff's verification that "the authorities cited herein are true and correct to the best of her knowledge and belief, and that all references accurately reflect the legal sources relied upon in this filing." …
Plaintiff and Defendant's filings with factitious citations are stricken from the record and will not be considered. The Court will also strike filings that purport to be exhibits to filings with factitious citations….
Plaintiff and Defendant have repeatedly lied to the Court and wasted both the Magistrate Judge and the undersigned's time. It is apparent that further sanctions are necessary. Plaintiff and Defendant are ordered to show cause why they should not be sanctioned for repeated failure to follow Court orders and for dishonesty to the Court…. Sanctions may include:
- Monetary sanctions in the form of $100.00 per filing with a factitious citation, payable to the Court;
- A prohibition on future filings until the monetary sanction is paid to the Court;
- Requiring both Plaintiff and Defendant to appear in Court, in person, for a hearing on the record explaining their factitious citations and failure to follow Court orders, and
- Revoking both Plaintiff and Defendant's Pro Se Upload privileges, which would require them to file documents either by mail or by hand-delivery to the Clerk's office….