US Appeals Court Rebukes Lawyer Over AI-generated Fake Case Citations

A US appeals court has rebuked a Florida lawyer and county official for filing legal briefs containing what it described as “fake and hallucinated” material generated by artificial intelligence, warning lawyers against relying carelessly on AI for legal work.

In an order issued on Friday, the Atlanta-based 11th US Circuit Court of Appeals said attorney Anthony Sabatini of Mount Dora, Florida, had submitted multiple briefs in a commercial aviation employment case containing citations to cases that do not exist.

“By outsourcing his legal work to an AI algorithm, Sabatini violated his ethical duties to both his clients and this Court,” the three-judge panel wrote. It added: “Whatever the merits of artificial intelligence, it is no substitute for actual intelligence.”

Sabatini, a former member of the Florida House of Representatives who now serves on the Board of County Commissioners in Lake County, Florida, did not immediately respond to requests for comment.

Atlas Air, the commercial airline named as a defendant in the lawsuit, and its legal representatives at Jones Day also did not immediately respond to requests for comment.

The appeals court upheld the dismissal of a lawsuit brought by Sabatini’s clients, who are current or former employees of Atlas Air and one of its contractors. The claim challenged the companies’ pandemic-era mask and vaccination policies. Atlas Air denied any wrongdoing.

The court noted that AI tools can fabricate case citations, misstate the law and generate non-existent legal authorities. While lawyers are free to use AI for legal research and drafting, they remain bound by court rules and professional obligations requiring them to verify the accuracy of all submissions.

Courts across the US have increasingly disciplined lawyers who have filed AI-generated material without properly checking its accuracy.

Last year, Sabatini apologised to the appeals court after submitting filings containing what he described as “erroneous or unverifiable” case citations. He said the mistakes stemmed from “research oversights”.

The judges said lawyers who rely on AI have a duty to ensure the accuracy of their work. The panel also directed the chief judge of the 11th Circuit to refer Sabatini to the court’s Committee on Lawyer Qualifications and Conduct.

The case is Patrick Akerlund et al v Atlas Air Inc et al, 11th US Circuit Court of Appeals, No. 24-11033.

 

 For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.