When Admonishing Does No Deterring It May Be Time to Retool

Litigation attorney Eric Alexander published a blog for Drug & Device Law dissecting In re Philips Recalled CPAP Bi-Level PAP & Mechanical Ventilator Products Liability Litigation, in which the judicial panel on multidistrict litigation (JPML) denied a motion to vacate a conditional transfer order and criticized the plaintiff's brief for citing nonexistent or mischaracterized authorities. Mr. Alexander uses the decision to examine a larger issue: whether judicial admonishments are enough to deter lawyers from submitting artificial intelligence (AI)-generated hallucinations and false legal citations. He suggests that although the panel described the conduct as an abuse of the judicial process, stronger measures such as fee shifting, disciplinary referrals and meaningful sanctions may be necessary to prevent misuse of generative AI in court filings.

READ: When Admonishing Does No Deterring It May Be Time to Retool