Incident Tracker / United States (state)
Kruse v. Karlen, No. ED111172 (Mo. Ct. App., E.D.)
In the Missouri Court of Appeals, Eastern District, a self-represented appellant's brief contained 22 fictitious citations out of 24, generated by an AI application used by a consultant he had hired. The court dismissed the appeal for briefing deficiencies and ordered him to pay $10,000 in damages for a frivolous appeal.
- Court
- Missouri Court of Appeals, Eastern District
- Date
- 2024-02-13
- Who used the AI
- Not recorded
- AI tool
- Not identified in the record
- Conduct
- A self-represented appellant filed a brief in which 22 of 24 case citations were fictitious AI-generated hallucinations, produced by an out-of-state legal consultant he had hired who used an AI application. The court found the brief flagrantly deficient.
- Outcome
- Sanctions
- Penalty
- US$10,000
- Regulatory outcome
- No separate regulatory disposition recorded
- Status
- Verified against listed sources
- Last checked
- 2026-09-16
What was fabricated or misused
- Smith v. ABC Corporation, 321 S.W.3d 123 (Mo. App. 2010) — fictitious citation
- Jones v. XYZ Company, 450 S.W.2d 789 (Mo. 2012) — fictitious citation
- State ex rel. Johnson v. Clark, 499 S.W.3d 413 (Mo. 2016) — fictitious citation using a real case name
- Brown v. Smith, 456 S.W.2d 345 (Mo. 1970) — fictitious citation using a real case name
- Warren v. White, 678 S.W.2d 768 (Mo. App. 1984) — fictitious citation
- Holmes v. Johnson, 890 S.W.2d 334 (Mo. App. 1994) — fictitious citation
- Winters v. Kim, 903 S.W.2d 838 (Mo. App. 1995) — fictitious citation
- White v. Smith, 789 S.W.2d 45 (Mo. 1989) — fictitious citation using a real case name
- Brown v. Johnson, 925 S.W.2d 456 (Mo. App. 1996) — fictitious citation using a real case name
- State ex rel. Pioneer Hi-bred Int’l, Inc. v. Craig, 940 S.W.2d 343 (Mo. 1997) — fictitious citation
- Weber v. City of Cape Girardeau, 447 S.W.3d 885 (Mo. App. 2014) — fictitious citation
- Hall v. Landscape Servs., Inc., 456 S.W.3d 60 (Mo. App 2015) — fictitious citation
- Anderson v. Rapid Roberts, Inc., 539 S.W.3d 367 (Mo. App. 2017) — fictitious citation
- Baker v. St. Louis Symphony Orchestra, 439 S.W.3d 750 (Mo. App. 2014) — fictitious citation
- Hughes v. Cintas Corp., 501 S.W.3d 34 (Mo. App. 2016) — fictitious citation
- Huett v. Dollar Tree Stores, Inc., 913 S.W.2d 229 (Mo. App. 1995) — fictitious citation
- Great Southern Bank v. Edie, 329 S.W.3d 622 (Mo. App. 2010) — fictitious citation
- City of St. Louis v. Sprint Spectrum L.P., 475 S.W.3d 270 (Mo. App. 2015) — fictitious citation using a real case name
- State ex rel New Madrid County Juvenile Office v. Ramsey, 361 S.W.3d 919 (Mo. App. 2012) — fictitious citation
- State ex rel. Platte County v. Clemmons, 862 S.W.2d 877 (Mo. banc 1993) — fictitious citation
- Copeland v. Mercantile Bank, 827 S.W.2d 507 (Mo. banc 1992) — fictitious citation
- Schaffer v. County of Cape Girardeau, 342 S.W.3d 241 (Mo. banc 2011) — fictitious citation
- Rule 87.07 statement about trial-court review of all evidence — erroneous; the relevant rule was Rule 78.07 and concerned after-trial motions
- Rule 55.23 statement about damages in default judgments — erroneous; the rule was repealed in 2018 and concerned written instruments
What the court said
“Due to numerous fatal briefing deficiencies under the Rules of Appellate Procedure that prevent us from engaging in meaningful review, including the submission of fictitious cases generated by artificial intelligence (“A.I.”), we dismiss the appeal.”
“Only two out of the twenty-four case citations in Appellant’s Brief are genuine.”
“Neither the case nor the specific quote it purports to contain exist in reality.”
“Appellant is hereby ordered to pay Respondent damages towards appellate attorneys’ fees in the amount of $10,000.”
Timeline
- Opinion recorded that appellant filed the appeal pro se from final summary judgment.
- Court itemized twenty-two inaccurate case citations in the appellate brief.
- Court dismissed the appeal and ordered $10,000 in Rule 84.19 damages.
Why this case matters
Kruse is an early state-appellate counterpart to Park v Kim. The filing was not by a lawyer, but the court applied the same verification principle to a self-represented appellant who used a paid online consultant. The volume of false authority was far above Dukuray and Morgan: twenty-two of twenty-four case citations were not genuine, plus rule and statute errors. The $10,000 Rule 84.19 award shows a hallucinated brief can convert an already deficient appeal into a frivolous-appeal damages order.
Practice note
A self-represented appellant remains responsible for every citation filed in the appellant's name. Before submitting a brief, the filer should check the appendix, statement of facts, points relied on, table of authorities and each citation against the court rules. Paid consultants should provide source opinions, and any AI-assisted draft should be verified before signature.
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
- Asiedu v. Eastlund, Nos. A25-2106, A26-0532 (Minn. Ct. App.)2026-09-08 · Minnesota Court of Appeals · SanctionsIn Minnesota Court of Appeals, self-represented litigant Michael Asiedu admitted he used artificial intelligence for research and did not verify citations. The district court found the filings cited non-existent cases o…
- State ex rel. Schnell v. Richardson, No. ED114731 (Mo. Ct. App.)2026-09-08 · Missouri Court of Appeals, Eastern District · SanctionsIn the Missouri Court of Appeals, relator's counsel Jenna Rohr Conley admitted using generative AI to research a mandamus petition and failing to verify two cases that did not exist. The court denied the writ and impose…
- Varma v. The Bank of New York Mellon, No. E085566 (Cal. Ct. App.)2026-08-27 · California Court of Appeal, Fourth Appellate District, Division Two · SanctionsThe California Court of Appeal sanctioned self-represented appellants in Varma after their opening brief used nonexistent cases, false quotations and unsupported propositions the court attributed to generative AI hallma…
- LPC Commercial Services, LLC v. Ar-Razzaaq Properties, LLC, Record No. 1407-25-4 (Va. Ct. App.)2026-08-25 · Court of Appeals of Virginia · SanctionsIn Virginia, appellee's counsel in LPC Commercial Services filed a brief with 25 phantom quotations attributed to Virginia cases, which the Court of Appeals attributed to unchecked computer-assisted research. The court…
Cite this record
SafeLegalAI Global Legal AI Incident Tracker, “Kruse v. Karlen, No. ED111172 (Mo. Ct. App., E.D.)”, safelegalai.com/tracker/kruse-v-karlen (accessed 2026-09-16). Data: CC BY 4.0.