by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 22 – 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.
On June 22, Judge Castel imposed sanctions: "OPINION AND ORDER ON SANCTIONS: The Court Orders the following sanctions pursuant to Rule 11, or, alternatively, its inherent authority: a. Within 14 days of this Order, Respondents shall send via first-class mail a letter individually addressed to plaintiff Roberto Mata that identifies and attaches this Opinion and Order, a transcript of the hearing of June 8, 2023 and a copy of the April 25 Affirmation, including its exhibits. b. Within 14 days of this Order, Respondents shall send via first-class mail a letter individually addressed to each judge falsely identified as the author of the fake "Varghese", "Shaboon", "Petersen", "Martinez", "Durden" and "Miller" opinions. The lettershall identify and attach this Opinion and Order, a transcript of the hearing of June 8, 2023 and a copy of the April 25 Affirmation, including the fake "opinion" attributed to the recipient judge. c. Within 14 days of this Opinion and Order, respondents shall file with this Court copies of the letters sent in compliance with (a) and (b). d. A penalty of $5,000 is jointly and severally imposed on Respondents and shall be paid into the Registry of this Court within 14 days of this Opinion and Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/22/2023) (ama) Transmission to Finance Unit (Cashiers) for processing."
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
More on Substack here
The case is Mata v. Avianca, Inc., 22-cv-1461 (Castel)
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