ยท Affable Avenue's lawyer
Client lost by defaultJudge enters default judgment over a lawyer's repeated AI citations
Toy company Flycatcher sued a company called Affable Avenue and others in New York federal court over trademarks. In June 2025, Affable's lawyer filed a motion to dismiss citing at least 13 cases that do not exist and eight that lacked the quoted words. Opposing counsel flagged it. Ordered to explain, the lawyer filed a response that appeared AI-made and itself had a false citation. A later brief had more. Judge Katherine Polk Failla said she did not oppose AI use, but he refused to verify his filings. On February 5, 2026, she found bad faith, struck Affable's filings and entered default judgment against it. She let the other side seek its legal fees from the lawyer.
Sources: ABA Journal: Frustrated judge tosses case with fake AI citations, references to Ray Bradbury's 'Fahrenheit 451', Reason (The Volokh Conspiracy): Lawyer's Repeated Filings with AI Hallucinations Lead to Default Judgment Against Client