Judge Declines Sanctions After Plaintiff Lawyer’s AI-Generated Brief Errors

In the District of Delaware case Disruptive Resources v. Ballistic Barrier Products and Mayday Security Solutions, the plaintiff’s counsel used the large-language model Strongsuit to draft portions of a joint claim-construction brief, inadvertently inserting an incorrect construction that escaped his final review. The mistake prompted the court to issue a show-cause order under Federal Rule of Civil Procedure 11, questioning whether sanctions were appropriate.

The attorney promptly informed the opposing team, proposed footnote corrections, and filed a joint letter acknowledging the AI-generated errors. Judge Jennifer Choe-Groves observed that the faulty sections forced the defendants to expend effort on arguments that were later struck, but she accepted the lawyer’s immediate disclosure and expressed regret over the oversight. She emphasized that while this incident differs from cases involving fabricated citations, it underscores the need for diligent review when employing AI in legal work. The judge warned that any repeat incidents could lead to sanctions, yet declined to impose any for this occurrence.