Wednesday, July 2, 2025

Trial Court Decides Case Based On AI-Hallucinated Caselaw; Above The Law, July 1, 2025

 Joe Patrice, Above The Law; Trial Court Decides Case Based On AI-Hallucinated Caselaw

"Between opposing counsel and diligent judges, fake cases keep getting caught before they result in real mischief. That said, it was always only a matter of time before a poor litigant representing themselves fails to know enough to sniff out and flag Beavis v. Butthead and a busy or apathetic judge rubberstamps one side’s proposed order without probing the cites for verification. Hallucinations are all fun and games until they work their way into the orders.

It finally happened with a trial judge issuing an order based off fake cases (flagged by Rob Freund(Opens in a new window)). While the appellate court put a stop to the matter, the fact that it got this far should terrify everyone.

Shahid v. Esaam(Opens in a new window), out of the Georgia Court of Appeals, involved a final judgment and decree of divorce served by publication. When the wife objected to the judgment based on improper service, the husband’s brief included two fake cases. The trial judge accepted the husband’s argument, issuing an order based in part on the fake cases."

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