Incident Tracker / United States (federal)
Coomer v. Lindell, No. 1:22-cv-01129 (D. Colo.)
In the US District Court for Colorado, lawyers for MyPillow CEO Mike Lindell filed an opposition brief with nearly thirty defective citations — including non-existent cases — produced by generative AI they did not verify. Judge Nina Y. Wang sanctioned Christopher Kachouroff and Jennifer DeMaster $3,000 each under Rule 11, and later added a $5,000 penalty for a repeat.
- Court
- US District Court, District of Colorado
- Date
- 2025-07-07
- Who used the AI
- Not recorded
- AI tool
- Not identified in the record
- Conduct
- In the defamation suit brought by former Dominion director Eric Coomer, defense counsel filed a February 2025 opposition brief containing nearly thirty defective citations, including cases that did not exist, after running the draft through generative AI without checking it. Counsel did not readily disclose the AI use when the court asked.
- Outcome
- Sanctions
- Penalty
- US$6,000
- Regulatory outcome
- No separate regulatory disposition recorded
- Status
- Verified against listed sources
- Last checked
- 2026-09-03
What was fabricated or misused
- Defendants’ Opposition to Motion in Limine [Doc. 283] — nearly thirty defective citations, including misquotes, misstatements, misattributions, and cases that do not exist
- World Wide Ass’n of Specialty Programs v. Pure, Inc., 450 F.3d 1132, 1138 (10th Cir. 2006) — quoted as saying “reputation and character are inextricably intertwined”; quotation does not appear in Pure
- United States v. Reaves, 649 F.3d 862, 867–68 (8th Cir. 2011) — did not support the proposition about evidence serving multiple purposes and implicating multiple evidentiary rules
- Ginter v. Nw. Mut. Life Ins. Co., 576 F. Supp. 627, 630 (D. Ky. 1984) — misattributed to the District of Colorado
- Perkins v. Fed. Fruit & Produce Co., 945 F.3d 1242, 1251 (10th Cir. 2019) — non-existent case
- Estate of Martinelli v. City & Cnty. of Denver, No. 19-cv-02737, 2021 WL 4133804, at *6–7 (D. Colo. Sept. 10, 2021) — non-existent case
- United States v. Hoffman, 806 F.3d 1288, 1295 (10th Cir. 2015) — non-existent case
- Perrin v. Anderson, 784 F.2d 1040, 1045 (10th Cir. 1986) — miscited for routine admission of truthfulness evidence in defamation actions
- United States v. Hassan, 742 F.3d 104, 133 (10th Cir. 2014) — misattributed to the Tenth Circuit; it is a Fourth Circuit case
What the court said
“[M]isquotes of cited cases; misrepresentations of principles of law associated with cited cases, including discussions of legal principles that simply do not appear within such decisions; misstatements regarding whether case law originated from a binding authority such as the United States Court of Appeals for the Tenth Circuit; misattributions of case law to this District; and most egregiously, citation of cases that do not exist.”
“Your Honor, I personally did not check it. I am responsible for it not being checked.”
“That standard was not met here with the filing of Defendants’ Opposition to Plaintiff’s Motion in Limine. [Doc. 283].”
“a sanction of $3,000 against Christopher I. Kachouroff and the law firm of McSweeney Cynkar & Kachouroff PLLC, jointly and severally, and $3,000 against Ms. DeMaster, individually, is the least severe sanction adequate to deter and punish defense counsel in this instance.”
Timeline
- Coomer filed the motion in limine that prompted defendants’ opposition.
- DeMaster sent Kachouroff the “final revisions” draft and a Westlaw report.
- Defendants filed the opposition containing nearly thirty defective citations.
- Coomer filed his reply in support of the motion in limine.
- Court issued the order to show cause after questioning counsel at the pretrial conference.
- Kachouroff and DeMaster submitted their response to the order to show cause.
- Court made the show-cause order absolute and sanctioned counsel $3,000 each.
Why this case matters
Coomer extends Mata v. Avianca from a single chatbot episode to a stacked legal-writing workflow. The order records use of multiple AI tools, a Westlaw report, exchanged drafts, and a claimed “wrong version” defence, yet the filed and final drafts still carried nonexistent cases and wrong authorities. Judge Wang treated verification as a nondelegable Rule 11 duty of each signing lawyer. The $3,000-per-lawyer sanction is also narrower than dismissal cases such as Couvrette v. Wisnovsky: the penalty targeted deterrence and did not run against the clients.
Practice note
AI-assisted drafting and citation checking need a file-level audit before filing. The signer should compare the filed PDF, the final word-processing document, any AI-generated draft, and the Westlaw or Lexis report. Each cited authority must be opened and matched to the proposition. Delegating that check to co-counsel does not satisfy Rule 11 if the signer cannot show the inquiry was reasonable.
Primary sources for this incident
Related regulation records for this incident
No related regulation record has been linked to this incident yet.
Similar incidents on the record
- Ruiz v. Magellan Financial & Insurance Services, No. CV-23-02090-PHX-DWL (D. Ariz.)2026-08-24 · US District Court for the District of Arizona · SanctionsAfter finding two fabricated Ninth Circuit quotations in a fee-opposition brief, the US District Court for the District of Arizona learned that plaintiff's counsel had used ChatGPT and uncovered further invented quotati…
- Chapman v. City of Priceville, No. 5:26-cv-84-HDM (N.D. Ala.)2026-08-12 · US District Court for the Northern District of Alabama · SanctionsThe US District Court for the Northern District of Alabama, the same district that sanctioned Butler Snow in Johnson v. Dunn, publicly reprimanded civil-rights plaintiff's lawyer Scott Morro for a brief containing two f…
- In re BFI Waste Systems of Tennessee (City of Murfreesboro v. BFI), No. 3:22-cv-00605 (M.D. Tenn.)2026-08-06 · US District Court for the Middle District of Tennessee, Nashville Division · SanctionsThe US District Court for the Middle District of Tennessee publicly reprimanded attorney Louis Ringger III and ordered him to pay USD 1,500 to the Clerk after a brief in landfill litigation quoted cases that did not say…
- Barteca Holdings LLC v. Tacobarn Newtown LLC, No. 3:26-cv-00250 (D. Conn.)2026-08-04 · US District Court for the District of Connecticut · SanctionsIn a restaurant trade-dress dispute, the US District Court for the District of Connecticut sanctioned defense counsel USD 3,500 and referred him for discipline after a brief polished with Open Law, Claude and ChatGPT mi…
Cite this record
SafeLegalAI Global Legal AI Incident Tracker, “Coomer v. Lindell, No. 1:22-cv-01129 (D. Colo.)”, safelegalai.com/tracker/coomer-v-lindell (accessed 2026-09-16). Data: CC BY 4.0.