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Courts on AI / Fabricated or misquoted citations

Amtrust North America o/b/o Justin McGinness v. Liberty Mutual Insurance Company

Superior Court of New Jersey, Appellate Division · State appellate courts · NJ · · No. A-2587-24 · opinion

On 2026-03-27, Superior Court of New Jersey, Appellate Division affirmed in part, remanded for dismissal without prejudice, and imposed a $1,000 personal sanction on appellate counsel. Counsel submitted an appellate brief with The appellate brief cited four fabricated insurance cases that resembled real reporter citations but did not exist.

Disposition
The court affirmed in part, remanded for dismissal without prejudice, and imposed a $1,000 personal sanction on appellate counsel.
Recorded conduct
The appellate brief cited four fabricated insurance cases that resembled real reporter citations but did not exist. — outcome: costs order; actor: lawyer; $1,000
Canonical record
Incident tracker entry — verified outcome, regulator disposition and related rules

What the court wrote

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

look like real cases as they are identified by a case name, a citation dismissal. Indeed, we do not know whether the proper to a reporter, the name of a district or appellate [*9] insurance company would have denied the claim as it court, and the year of the decision. But they are not real has never been tendered to it. cases. However, our review of this matter does not end there. Citation of hallucinated caselaw violates the RPCs, as As stated, plaintiff's counsel cites to four cases in his noted in the Supreme Court's Preliminary AI Guidelines: merits brief that do not exist: RPC 3.3 requires a lawyer to uphold candor to the • "Aetna Cas. & Sur. Co. v. Hanna, 224 N.J. Super. 462 tribunal, including by not knowingly making "a false (App. Div. 1988)." Plaintiff cites this case with the following parenthetical: ("the Appellate Division affirmed 9 A- 2587-24 a workers' compensation carrier's right to subrogation statement of material fact or law . . . ." or offering against an employee's personal UIM benefits.") This "evidence that the lawyer knows to be false . . . ."

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