The Volokh Conspiracy

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The 12 Cases Consolidated as ChatGPT Product Liability Cases in S.F. Superior Court

|The Volokh Conspiracy |


For those following litigation over AI output, here's the consolidation order, together with the motion that led to it. (The motion, in the nature of things, is a partisan presentation, but still seems potentially helpful.) Of the eight cases discussed in the motion, the motion says,

  • 5 of the cases involve wrongful death claims, as follows, Raine (age 16), Lacey (age 17), Shamblin (age 23), Enneking (age 26), Ceccanti (age 48).
  • 2 of the cases involve minors, as follows, Raine (age 16) and Lacey (age 17).
  • 4 of the cases involve negligence claims based on negligence per se theories.
    • All of these (Lacey, Shamblin, Enneking, and Ceccanti) allege violation of California Penal Code § 401(a) (deliberate aid and encouragement of suicide); and
    • 1 of these (Shamblin) alleges violation of California Penal Code § 192(b) (manslaughter).

The motion lays out some of the general theories, and gives more details on each of the eight cases. (Presumably the other four cases were added on separately; the motion was filed Nov. 14, 2025, and the coordination hearing was on Jan. 30, 2026.)

Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution at Stanford, and the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any institution. He is also the co-host of the Free Speech Unmuted podcast.