Justice Barrett’s recent dissent in Fischer v. United States captures her statutory-analysis approach. Her conversational writing style—one that can be easily understood by the lay public—may be thought of as common sense. It’s also fair to assume that Justice Kagan contributed to some of its tone since she (and Justice Sotomayor) joined it. Justice Barrett’s…
Tag: Lori Shemka
Informational brackets can be used to describe text or social media exchanges
The Court of Appeals in Ohio recently issued an opinion that nicely describes message exchanges that happened on Facebook Messenger—and the court did it without copying and pasting images. Instead, the opinion uses informational brackets as highlighted below from an excerpt. The risk of using uncaptioned images in opinions is that the images are often…
Protective orders that prohibit submitting confidential discovery material to open generative AI tools
In a sign of the AI times, the federal court in the Southern District of New York recently entered a protective order that includes an AI-restriction paragraph:
Corrections happen
The Michigan Supreme Court decided Marion v Grand Trunk Western Railroad Company (Docket No. 164298) on June 5, 2024. The .pdf that was first released was created at 2:29 p.m. Just like with lawyers and paralegals, sometimes an oversight is recognized after the file is submitted. And that happened here. An updated .pdf file was…
T-minus 74 days. Many important MSC decisions are on the way.
Appellate geeks often track which justice authored which decision during a sitting. SCOTUSblog posts one form of that data here. As a court’s term gets closer to its end, legal pundits speculate about who could be writing the undecided cases. We will hear and see more of this as the Supreme Court of the United…
Asking Claude.ai to outline a court decision
Last August, I shared my experience using Claude.ai to outline case briefs (pretty good!). Today, I took the current (free) version of Claude.ai for a spin to outline a recent unanimous Michigan Supreme Court opinion. tl;dr: Claude.ai did a really good job. My only quibble is that it left out the role of one of…
How judges can draft and add easy-to-understand summaries in their written decisions
Summary for Pro Se Plaintiff The magistrate judge is recommending that the motion for summary judgment be granted. Your evidence does not show that Nurse Yule, Nurse Practitioner Housley, or Dr. Wong acted in ways that they knew were likely to cause you additional harm or suffering. Such evidence is required to show a violation…
Procedural takeaways when there are AI/fake-case concerns
In less than a year after the ChatGPT usage in Mata v Avianca, Inc., SD NY (Docket No. 1:22-cv-01461) captured headlines, we’re starting to see a pattern and lessons for how adverse parties and courts are handling suspected fake-case court filings. The pattern often follows the routine of other claims when reliability may be questioned…
Florida attorney receives one-year suspension from practicing in a Florida federal court for including fake cases in court filings (and for other misconduct)
Today, a federal judge in the Middle District of Florida issued a one-year suspension order to attorney Thomas Grant Neusom for naming fabricated cases in filed court documents and for violating other court procedures, processes, and civility expectations. The relevant facts and proceedings toggle between two case files: Clark Pear LLC v. MVP Realty Associates…
Testing should be believing: AI tools like ChatGPT, Claude, Gemini, Copilot, etc. cannot be used for primary legal research or drafting
Given the continuing reports about lawyers being referred for professional discipline or self-represented litigants being sanctioned for AI-generated court filings that include bogus content, today I took the most common (and free version) AI tools for a legal research and writing test. TL;DR: Do not use. Spare yourself the risk of sanctions and professional discipline….