Sixth Circuit Sanctions Attorneys for Fake Citations – What Does This Mean for Use of AI?

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Why it matters

The U.S. Court of Appeals for the Sixth Circuit sanctioned Tennessee attorneys Van R. Irion and Russ Egli with $15,000 punitive fines each to the court registry, joint reimbursement of appellees' full attorney fees, and double costs across three consolidated appeals in Whiting v. City of Athens, Tennessee (Nos. 24-5918/5919, 25-5424; 2026 WL 710568, Mar. 13, 2026).[1][2][4][5] The court identified over 24 fake citations, misrepresentations of facts and district court orders, and citations lacking quoted language or support, deeming this "misconduct in arguing the appeal" under Fed. R. App. P. 38 and inherent authority, beyond mere sloppiness.[1][2][3][4]

The underlying litigation stemmed from a 2022 fireworks show in Athens, Tennessee, on behalf of client Glenn Whiting.[1][5] After spotting issues in merits briefs, the court issued a show cause order demanding Westlaw/Lexis copies of cited cases, authorship details, AI usage disclosure, and cite-checking processes; attorneys inadequately responded, challenged the order, and had prior discipline for lack of candor, worsening sanctions.[1][2][3][4][5] The panel—Judges Jane B. Stranch, John K. Bush, and Eric E. Murphy—emphasized lawyers must personally read and verify all citations, regardless of generation method, without expressly finding AI use (though briefs hinted at it via "hallucinations").[1][2][4]

Newsworthy for escalating penalties amid rising AI-related fake citations (e.g., 2023 Mata v. Avianca), this March 13 ruling—publicized by March 27—delivers the court's "loudest message" on reliability, refers attorneys to the chief judge for discipline, and signals stricter scrutiny without banning AI, as smaller fines proved inadequate.[1][2][3][4][5][6] Total sanctions exceed $100,000 including fees, among the highest yet.[3][6]

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