Lawyer
Suing Avianca
Used Chat GPT
Which Invented
6 Cases Now
Sanctions
Hearing Here
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
June 8 – As
law offices
including
those of
prosecutors
begin to use
generative
artificial
intelligence
like ChatGPT
and Google's
Bard, it's
worse than a
matter of
boiler plate
or plagiarism.
There
are cases and
precedents
made up out of
whole
cloth.
All
of this came
to a head on
June 8, when
U.S. District
Court for the
Southern
District of
New York Judge
P. Kevin
Castel heard
the case of
Roberto Mata
v. Avianca,
Inc., on
removal from
the Supreme
Court of the
State of New
York in
Manhattan.
Inner
City Press
live tweeted
it, thread here:
All
rise!
Judge
Castel: I will
place Mr.
[Peter] LoDuca
under
oath...
Judge
Castel: What
was your
understanding
of your
obligation in
connection
with your
March 1
submission?
Under Rule 11?
LoDuca:
To be factual
and
truthful.
I replied on
my colleague
Steven
Schwartz, with
me at Levidow,
Levidow &
Oberman
Judge
Castel: Did
you do
anything other
than sign your
affirmation?
Did you read
any of the
cases?
LoDuca:
No.
Judge
Castel: Did
you have a
vacation in
April? LoDuca:
No. But Mr.
Schwartz was
away... Judge
Castel: Do you
agree the 6
cases are non
existent?
LoDuca:
Regretfully
yes. Judge: I
have all the
answers I
need. Do you
want to make a
statement?
LoDuca: This
pains me

Counsel on June 8, 2023, courtesy to
Inner City Press from Elizabeth Williams
Judge
Castel: Thank
you. Mr.
Schwartz, step
forward so I
can put you
under oath.
[Does]
Judge
Castel: How
many cases
have you done?
1000?
Schwartz: Yes
Judge
Castel: Did
you ask Chat
GPT what the
law was, or
only for a
case to
support you?
It wrote a
case for you.
Do you cite
cases without
reading them?
Schwartz: No.
Judge Castel:
What caused
your departure
here?
Schwartz: I
thought Chat
GPT was a
search engine
Judge
Castel: The
matter is
under
advisement.
Adjourned.
More
on Substack here
The
case is Mata
v. Avianca,
Inc.,
22-cv-1461
(Castel)
***
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