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Courts on AI / The court's own use of AI

Snell v. United Specialty Insurance Co.

U.S. Court of Appeals for the Eleventh Circuit · Federal courts of appeals · · 102 F.4th 1208 · No. 22-12581 · concurrence

The court's own use of AIcourt used AIChatGPT; Bard

On 2024-05-28, the Eleventh Circuit affirms summary judgment in an insurance coverage dispute. Judge Newsom concurs and discloses that he asked ChatGPT and Bard ordinary-meaning questions about “landscaping,” then discusses potential uses, disclosure practices, and risks of LLMs in textual interpretation.

Disposition
The court affirmed summary judgment for the insurer; Judge Newsom concurred and disclosed querying ChatGPT and Bard while considering ordinary meaning.

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

And that’s when things got weird. Perhaps in a fit of frustration, and most definitely on what can only be described as a lark, I said to one of my clerks, “I wonder what ChatGPT thinks about all this.” So he ran a query: “What is the ordinary meaning of ‘landscaping’?” Here’s what ChatGPT said in response: “Landscaping” refers to the process of altering the visible features of an area of land, typically a yard, garden or outdoor space, for aesthetic or practical purposes. This can include activities such as planting trees, shrubs, flowers, or grass, as well as installing paths, fences, water features, and other elements to enhance the appearance and functionality of the outdoor space. Interesting, for two reasons. First, ChatGPT’s explanation seemed more sensible than I had thought it might—and definitely less nutty than I had feared. Second, it squared with my own impression—informed by my own experience writing, reading, speaking, and listening to American English in the real world—that ordinary people might well use the word “landscaping” (1) to include more than just botanical and other natural improvements and (2) to cover both aesthetic and functional objectives. ... For good measure, I posed the same questions to Google’s Bard (since replaced by Gemini).

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