''Mata v. Avianca, Inc.'' was a U.S. District Court for the Southern District of New York case in which the Court dismissed a

personal injury Personal injury is a legal term for an Injury (law), injury to the body, mind, or emotions, as opposed to an injury to property. In common law, common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the ...

case against the airline

Avianca Avianca S.A. (acronym in Spanish for ''Aerovias de Colombia S.A.'', "Airways of Colombia", and stylized as avianca since October 2023) is the largest airline in Colombia. It has been the flag carrier of Colombia since December 5, 1919, when it ...

and issued a $5,000 fine to the plaintiffs' lawyers who had submitted fake

precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

s generated by

ChatGPT ChatGPT is a generative artificial intelligence chatbot developed by OpenAI and released on November 30, 2022. It uses large language models (LLMs) such as GPT-4o as well as other Multimodal learning, multimodal models to create human-like re ...

in their legal briefs.

Background

In February 2022, Mata filed a personal injury lawsuit in the U.S. District Court for the Southern District of New York against Avianca, alleging that he was injured when a metal serving cart struck his knee during an international flight. The plaintiff's lawyers used ChatGPT to generate a legal motion, which contained numerous fake legal cases involving fictitious airlines with fabricated quotations and internal citations. Avianca's lawyers notified the Court that they had been "unable to locate" a few legal cases cited in the legal motion. The Court could not locate the cases either and ordered the plaintiff's lawyers to provide copies of the cited legal cases. Mata's lawyers provided copies of documents purportedly containing all but one of the legal cases, after ChatGPT assured that the cases "indeed exist" and "can be found in reputable legal databases such as

LexisNexis LexisNexis is an American data analytics company headquartered in New York, New York. Its products are various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper searc ...

and

Westlaw Westlaw is an Computer-assisted legal research, online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries. Information resources on Westlaw include more than 40,000 databases of ca ...

Opinion

In May 2023, Judge P. Kevin Castel dismissed the personal injury case against Avianca and ordered the plaintiff's attorneys to pay a $5,000 fine. Judge Castel noted numerous inconsistencies in the opinion summaries, describing one of the legal analyses as "gibberish." Judge Castel held that Mata's lawyers had acted with "subjective bad faith" sufficient for sanctions under

Federal Rule of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...

Rule 11.

Impact

In July 2024, the

American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...

issued its first formal ethics opinion on the responsibilities of lawyers using

generative AI Generative artificial intelligence (Generative AI, GenAI, or GAI) is a subfield of artificial intelligence that uses generative models to produce text, images, videos, or other forms of data. These models learn the underlying patterns and str ...

(GAI). The 15-page opinion outlines how the

Rules of Professional Conduct The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC generally is ...

apply to the use of GAI in the practice of law. Experts caution that lawyers cannot reasonably rely on the accuracy, completeness, or validity of content generated by GAI tools. Due to the continued usage of GAI in the practice of law, ''Mata'' has been described as a landmark case by legal professionals, as it is frequently cited by courts in cases where usage of GAI during the course of proceedings leads to the creation and citation of nonexistent caselaw.

References

{{Reflist 2023 in United States case law Generative artificial intelligence United States District Court for the Southern District of New York cases United States professional responsibility case law