Mealey's Artificial Intelligence : Mealey's : Legal News & Analysis

Mealey's Artificial Intelligence

June 02, 2025
Nurse Testing Material Firm Opposes AI Copyright, Trademark Dismissal

LOS ANGELES — A nursing test preparation company opposing summary judgment tells a federal judge in California that copyright covers its presentation of factual data and that the sale and use of its materials to train artificial intelligence constitutes infringement.
May 30, 2025
AI Fake Cite Sanction Reduced To $6,000 From $15,000 By Judge

INDIANAPOLIS — An Indiana federal judge partially adopted a magistrate judge’s recommendation that the court impose sanctions against an attorney for submitting briefing with artificial intelligence-created fake citations, reducing the sanction to $6,000 from the recommended $15,000 while rejecting the attorney’s claim that the reputational damage he incurred as a result of using the fake cite mooted any need for further proceedings.
May 30, 2025
Illinois Law Regulating AI Use In Therapy Awaits Governor’s Signature

SPRINGFIELD, Ill. — A bill prohibiting the use of artificial intelligence chatbots in a mental health therapy setting heads to the Illinois governor after an amended version was unanimously passed by an Illinois House of Representatives committee on May 29.
May 29, 2025
Judge Details Stay, Interlocutory Appeal In Legal Summary AI Copyright Suit

WILMINGTON, Del. — Because sufficient questions exist about the originality of Thomson Reuters Enterprise Centre GMBH headnotes and whether a competitor’s use of them to train artificial intelligence constitutes fair use, an interlocutory appeal and stay of the case will advance the litigation and potentially foreclose the need for a costly trial, a federal judge in Delaware said while reiterating that he believes his rulings properly allowed the case to proceed to trial.
May 29, 2025
OpenAI: No Reason To Reconsider Denying Leave To Amend For News Outlets

NEW YORK — News outlets’ motion for reconsideration of a ruling denying them leave to amend their artificial intelligence copyright suit is procedurally improper, and because the outlets never demonstrated that ChatGPT produced their copyrighted works, the motion lacks any foundation, OpenAI Inc. entities told a federal judge in New York in an opposition brief.
May 28, 2025
No Federal Jurisdiction Where Arbitrator Allegedly Used AI, Game Company Says

SAN DIEGO — A man had no authority to file an amended petition challenging an arbitration award, and a court cannot “look through” a petition to hypothetical attorney fees that would be awarded if he prevails on his antitrust claims, a video game company tells a federal judge in California in a reply brief challenging jurisdiction over the case.
May 27, 2025
Magistrate Judge Partially Strikes Expert After AI Mangles Study Citation

SAN JOSE, Calif. — A federal magistrate judge in California on May 23 struck a portion of an expert report offered by Anthropic PBC containing errors introduced by its Claude artificial intelligence and ordered the company to produce 5 million prompt-output pairs evenly divided between pre-suit and post-suit periods.
May 27, 2025
OpenAI: ChatGPT Output Preservation ‘Unprecedented’ Privacy Violation

SAN FRANCISCO — Requiring preservation of ChatGPT outputs users wish to delete simply so news plaintiffs in a copyright suit can secure a litigation advantage constitutes an “unprecedented” privacy violation and sets a “dangerous precedent,” OpenAI entities tell a federal court in California in a May 23 supplemental opposition after a magistrate judge ordered the preservation and denied a motion for reconsideration.
May 23, 2025
OpenAI Escapes Radio Host’s Claim That ChatGPT Defamed Him

ATLANTA — No reasonable person reading false ChatGPT outputs linking a radio host to embezzlement and fraud claims would interpret them as actual facts given the record in the case and in light of the warnings issued with the program, but even if they did, as a public figure the host could not meet the actual malice standard, a judge in Georgia said in granting OpenAI LLC summary judgment on defamation claims.
May 22, 2025
SAG-AFTRA Files Charge Against Epic Games-‘Owned’ LLC Over Darth Vader AI Use

LOS ANGELES — Screen Actors Guild and the American Federation of Television and Radio Artists (SAG-AFTRA) filed a National Labor Relations Board (NLRB) charge against Llama Productions LLC, a company it says is owned by Epic Games Inc., accusing Llama of not bargaining in good faith by choosing “to replace the work of human performers with [artificial intelligence] A.I. technology without providing notice to the union” regarding the A.I. use of the voice of actor James Earl Jones for Star Wars character, Darth Vader, in Epic’s video game, Fortnite.
May 22, 2025
Judge: Product Suit Over Character.AI Proceeds, Speech Protections Don’t Apply

ORLANDO, Fla. — An artificial intelligence chatbot constitutes a product under Florida law, its outputs are not protected speech and Google LLC’s level of involvement in the technology imputes liability to it, a federal judge said in a May 21 opinion denying a motion to dismiss a mother’s action alleging that her son’s use of Character.AI led to suicide.
May 21, 2025
Arbitrator’s Possible AI Use Behind Motion To Vacate Video Game Award

SAN DIEGO — A man moved to vacate a take-nothing arbitration award in his antitrust and warranty case against gaming giant Valve Corp., saying the arbitrator outsourced his decision-making to artificial intelligence. Valve moved to dismiss the petition, arguing that the court lacks federal jurisdiction.
May 21, 2025
Hawaii Court Sanctions Attorney $100 For Fake Cites

HONOLULU — A Hawaii appellate court imposed a $100 sanction for the filing of a motion crafted by a per diem attorney containing two pin cites pointing to the wrong case and a third that didn’t appear to exist at all.
May 20, 2025
Law Firm, Attorneys: AI Fake Citations ‘Unacceptable, Embarrassing’

BIRMINGHAM, Ala. — The temptations and seeming convenience of artificial intelligence tripped up a law firm partner, who used it to generate case citations that turned out to be fabricated, four attorneys and their law firm told an Alabama federal court on May 19 in responses to an order to show cause, saying “[what] happened here is unacceptable” and asking that any sanction be appropriate to the conduct.
May 20, 2025
Magistrate Judge Won’t Reconsider ChatGPT Output Preservation Ruling

SAN FRANCISCO — A magistrate judge in California turned away OpenAI entities’ concerns over privacy and the technical issues in denying reconsideration of an order requiring preservation of ChatGPT outputs, saying the company had not shown that the outputs were not relevant to the case or that a different outcome was required.
May 20, 2025
President Trump Signs Bill Requiring Removal Of Online Deepfakes

WASHINGTON, D.C. — President Donald J. Trump on May 19 signed into law a bill banning the publication of intimate images designed to harm the subject or without their permission, creating civil liabilities for those publishing deepfake images and a process for the removal of such images.
May 19, 2025
Judge Certifies Collective Action In Workday AI Hiring Suit

SAN FRANCISCO — Any differences between members of an employment discrimination case related to Workday Inc.’s use of artificial intelligence to sort and rank job applicants are meaningless at this stage because the members are “alike in the central way that matters,” a federal judge in California said May 16 in granting conditional certification after finding that the sorting and ranking of job applicants creates a unified policy and that its rankings could constitute a hiring recommendation.
May 19, 2025
Filmmaker Says Meta AI Falsely, Repeatedly Accused Him Of Jan. 6 Riot Role

WILMINGTON, Del. — Despite being informed that its artificial intelligence incorrectly identified a filmmaker as a participant in the Jan. 6 riot, Meta Platforms Inc. ignored the situation for months and in fact allowed voice updates to latter products to parrot the same information, a filmmaker and journalist alleges in a Delaware suit for defamation.
May 16, 2025
Judge Finds More Likely Uses Of AI, Denies Reconsideration

LAS VEGAS — A pro se plaintiff’s second motion seeking reconsideration of dismissal with prejudice of his action appears to contain even more artificial intelligence-generated content and merely expresses disagreement with the prior ruling rather than addressing any of the requirements for reconsideration, a federal judge in Nevada said in denying relief and ordering that no further documents be filed in the case.
May 16, 2025
Anthropic Admits Its Claude AI Mangled Cite Used By Expert In Copyright Suit

SAN JOSE, Calif. — Anthropic PBC’s Claude artificial intelligence mangled a citation to a study referenced by an expert in a discovery dispute during formatting, but it was an “honest citation mistake” and the crux of the cite and the positions for which it stands were all correct, the company lawyer said May 15 in a response to a federal judge in California overseeing a copyright case.
May 15, 2025
OpenAI Must Preserve Output Data, Magistrate Judge Says

SAN FRANCISCO — OpenAI entities must preserve user output data and segregate output log data going forward after consolidated news plaintiffs indicated that the amount of data being deleted is significant and the company offered no evidence about any efforts it was taking or could take to preserve the evidence, a federal magistrate judge in California said while setting a briefing schedule and hearing on potential spoliation motions.
May 15, 2025
Court Won’t Reconsider Limiting Copyright To Humans

WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals denied rehearing and rehearing en banc of a ruling limiting copyright protections to human authors, turning away a man’s arguments that artificial intelligences share similarities with corporations entitled to such protections.
May 15, 2025
Special Master Imposes $31,100 In Costs After Attorneys’ AI Briefing Errors

LOS ANGELES — Two firms for plaintiffs in a bad faith insurance suit must pay $26,100 in special master fees and another $5,000 for defense costs after submitting an artificial intelligence-assisted supplemental brief with nine erroneous cites across 10 pages, a special master appointed in a federal court in California said while striking the brief and denying the plaintiffs any requested discovery relief.
May 14, 2025
Self Reporting To Bar As Sanction For Fake Cites Permissible, Judge Says

ALBUQUERQUE, N.M. — An attorney in an immigration case who outsourced the writing of a brief and failed to catch several resulting fake case citations possibly created with artificial intelligence cannot avoid the sanction of self reporting to the state bars of which he is a member, a federal judge in New Mexico said in overruling his objections to a magistrate judge’s ruling.
May 14, 2025
AI Plaintiffs Direct Court To Copyright Office Report On Fair Use

SAN FRANCISCO — The plaintiffs in an artificial intelligence copyright suit directed a federal judge in California to a recent U.S. Copyright Office (USCO) report suggesting that fair use defenses might not be available when the AI’s purpose is similar to that of the copyrighted training data and that “the speed and scale at which” AIs can produce similar works could be considered an effect on the market.