Feb 10 (Reuters) - Lawyers representing plaintiffs in a
lawsuit against Walmart ( WMT ) over alleged injuries from a
defective hoverboard toy said on Monday that they inadvertently
included made-up cases generated by artificial intelligence in
a court filing.
A federal judge in Wyoming on Thursday had asked the
plaintiffs' attorneys to explain why they should not be
sanctioned, after lawyers for Walmart ( WMT ) and co-defendant Jetson
Electric Bikes told the court that they could not find nine
cases that the plaintiffs had cited in a court document and
suggested AI played a role.
The case, involving lawyers from national plaintiffs' law
firm Morgan & Morgan, is the latest in which AI-generated case
citations have proven prone to error, testing lawyers and
judges' ability to sort legitimate legal research from fiction.
The plaintiffs' lawyers - Rudwin Ayala and T. Michael Morgan
firm Morgan & Morgan, and Taly Goody from three-lawyer Goody Law
Group - withdrew the filing that contained the nine cases on
Friday.
In their filing on Monday to U.S. District Judge Kelly
Rankin, they said the cases cited "were not legitimate" and that
an internal AI platform "hallucinated" the cases.
"This matter comes with great embarrassment and has prompted
discussion and action regarding the training, implementation,
and future use of artificial intelligence within our firm," the
lawyers said in the filing submitted by Morgan.
The three lawyers did not immediately respond to requests
for comment.
A lawyer representing Walmart ( WMT ) and Jetson declined to
comment. Walmart ( WMT ) declined to comment.
Judges across the country have weighed and in some cases
imposed sanctions on lawyers for including AI-generated
citations in court documents.
While some judges and courts have issued orders governing
how attorneys can use AI tools, use of the technology is
generally permitted. Groups including the American Bar
Association have said lawyers much consider their ethical
obligations to verify information in court submissions.
The underlying case in Wyoming was filed in July 2023 by two
parents on behalf of themselves and their children, claiming
they suffered burns and emotional distress after a hoverboard
made by Jetson and sold by Walmart ( WMT ) exploded and burned down
their house.
Walmart ( WMT ) and Jetson have denied the allegations and argued
the fire originated in a "smoking shed" outside of the house.