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CIT Judge Forgoes Sanctions on Three Lawyers Whose Brief Errors He Called Sloppy

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11

Why it matters

On Wednesday, October 14, 2026, a U.S. Court of International Trade judge declined to sanction three attorneys over errors in an October 7 brief. The attorneys argued the mistakes came from simple editing errors, not AI hallucinations, and the judge accepted that explanation. He still criticized the filing's overall carelessness. Coverage describes the errors as "outlandish." Law360 reporter Jack McLoone covered both the filing and the ruling.

The judge's name and the case caption have not been confirmed in the reporting available, so the underlying matter cannot yet be identified. No reporting ties this ruling to Zhejiang Dingli Machinery Co. v. United States (CIT 24-00221), where Judge M. Miller Baker, on September 22, flagged two statements in a Chinese exporter's brief as possibly AI-generated.

The ruling tests a common defense: that a flawed citation came from ordinary human error rather than AI. Sparing sanctions while still rebuking the filing suggests courts may separate sanctionable conduct from warnings. A Kentucky federal judge reached a similar result in July 2026, declining sanctions against two attorneys citing their lack of prior misconduct and remorse. Sanctions for AI-generated citations are otherwise routine, ranging from a $5,000 fine in 2023 to an order citing at least fifty-five defective citations in a FIFA case. Attorneys should verify every citation before filing and be ready to document how a brief was prepared.

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