Michigan

Court - Judge Name

Effective Date

 Applicable To  Categories

Summary

E.D. Mich. – Judge F. Kay Behm 6/5/2025  Generative AI Generative AI Usage In the consolidated actions of Seither & Cherry Quad Cities, Inc. v. Oakland Automation, LLC and AP Electric, Inc. v. Oakland Automation, LLC (No. 4:23-cv-11342-FKB-EAS), the court flagged the plaintiffs’ use of various fictitious citations in their summary judgment briefings. As a result of these “generative artificial intelligence (AI) hallucinations,” Judge Behm identified specific portions of the brief containing the suspected hallucinations and ordered the plaintiffs to either file (i) copies of the quoted cases which the court had flagged as being potential hallucinations, (ii) a short supplemental brief with “verifiable legal authority” that matches the propositions associated with the fictitious citations, or (iii) an admission that there is no existing authority to match the citations.

Applies to AI Used for Filings/Drafting
Court-Imposed Consequences
E.D. Mich. Judge Shalina D. Kumar 9/11/2023  Generative AI Generative AI Usage In Ruggierlo, Velardo, Burke, Reizen & Fox, P.C. v. Lancaster, 2023 U.S. Dist. LEXIS 160755 (E.D. Mich., Sept. 11, 2023), the Court, in a footnote, states that the pro se defendant cites three non-existent cases in his objections. Although declining to “speculate” whether these “fabrications” were the result of “[defendant’s] imagination, a generative artificial intelligence tool’s hallucination, both, or something else entirely,” it concluded that “conduct such as citing made-up law may result in significant sanctions,” no matter the source.

Suggests Cautious Use of AI
Applies to AI Used for Filings/Drafting