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01/31/2025 - GenAI Case Law: A Survey of 37 Judicial Opinions Addressing Use (and Misuse) of GenAI in Court Documents
An overview by presenter, Professor Heidi K. Brown, of five categories of cases
Two concurring opinions issued by Judge Kevin Newsom of the United States Court of Appeals for the Eleventh Circuit, discussing the potentially innovative use of GenAI tools to evaluate the “ordinary meaning” of key terminology
Cases in which attorneys have improperly submitted court filings containing law “hallucinated” by GenAI tools, courts’ responses (including noting our collective ethical duty to educate ourselves about evolving technology), and the range of admonitions and penalties
Cases in which pro se litigants have improperly submitted court filings containing law “hallucinated” by GenAI tools—and the range of courts’ responses, admonitions, and penalties
Cases in which attorneys have attempted to use GenAI tools to support factual arguments regarding fee recovery
One expert witness’s attempt to use GenAI to support damages calculations
Lessons learned from the foregoing case law; a glimpse into how jurisdictions’ ethics opinions and judges’ standing rules can help us guard against some of the foregoing pitfalls; and suggestions for workflow protocols we might incorporate into daily lawyering practice
1 Participatory MCLE Credits
1 Legal Ethics
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