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Court cases over AI-generated errors dropped in Q2 and Q3 2026, scholar's research finds

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A legal scholar's new research found that court cases worldwide involving AI-generated errors fell in both the second and third quarters of 2026, according to JD Journal, which ties the slowdown to Damien Charlotin's AI Hallucination Cases Database. The database logged 11 cases in 2023, 37 in 2024, and 526 in 2025. It logged another 574 by the end of June 2026, more than all of 2025. The slowdown breaks a steep climb that began with the 2023 sanctions in Mata v. Avianca, the first sanction involving ChatGPT. The same period produced a high-profile example of how these errors reach the bench. US District Judge Henry Wingate said his law clerk used the AI tool Perplexity while helping draft an order in a case over a Mississippi law restricting public education funds for diversity, equity, and inclusion programs. A three-judge Fifth Circuit panel vacated Wingate's injunction against the law and ordered the case reassigned. Senator Chuck Grassley had separately accused the court of using AI to prepare the order.

The scholar is not named in the Law360 excerpt reviewed, so the attribution rests on JD Journal alone. JD Journal also states that the trend does not prove AI errors are becoming less common overall. Before the new data, LawDistrict had projected roughly 1,200 to 1,300 documented cases by the end of 2026.

The errors are also changing. One analysis of the database found that 53% involved fabricated citations to cases that do not exist, 26% misrepresented real cases, and 20% involved false quotations. The scholar argues that litigation risk now extends beyond fabricated authority, so verification duties may need to cover holdings, descriptions, and quotations, not just whether a case exists. Courts are still pressing the point: the US Tax Court flagged fake and AI-garbled citations in two 2026 opinions, one involving a self-represented taxpayer. JD Journal reports that false claims and weak arguments waste court time. Attorneys should check every citation and quotation in AI-assisted filings against the source before filing.

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