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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

Lawyers at
                        sanctions hearing for using Chat GPT - which
                        made up cases
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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