Tag Smith v. Polk Co.

Cite Checking to Find Hallucinated Cases Deemed Insufficient – Part II – Verification and Candor Are Expected, by Michael D. Berman, E-Discovery LLC.

Cite Checking to Find Hallucinated Cases Deemed Insufficient – Part II – Verification and Candor Are Expected

Recent federal decisions emphasize that automated cite checking is not enough when AI touches legal filings. Courts expect attorneys to personally verify authorities, quotations, and cited cases, and to act candidly and promptly when errors are discovered.

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It May Be an Abuse of Discretion to Grant Summary Judgment for a Defendant Before Deciding a Plaintiff’s Sanctions Motion, by Michael D. Berman, E-Discovery LLC.

It May Be an Abuse of Discretion to Grant Summary Judgment for a Defendant Before Deciding a Plaintiff’s Sanctions Motion

Michael D. Berman examines Smith v. Polk Co., where the court addressed two spoliation sanctions motions before granting summary judgment. Applying Shaw v. Foreman, the court recognized that a sanctions motion involving evidence significant to the merits may need to be resolved before summary judgment.

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