
As Nick Coltrain reports for The Denver Post, lawyers for pillow salesman and 2020 election fraud conspiracy enthusiast Mike Lindell maybe weren’t taking all that seriously his doomed defense in a defamation case brought by a former employee of Dominion Voting Services:
A judge fined two attorneys for MyPillow CEO Mike Lindell $3,000 apiece Monday for filing a motion riddled with AI-generated errors in a case that resulted in a jury finding Lindell liable for defamation over false claims that the 2020 presidential election was rigged.
Judge Nina Y. Wang, of the U.S. District Court in Denver, found attorneys Christopher I. Kachouroff and Jennifer T. DeMaster violated court rules when they filed a motion that featured numerous errors, including misquotes from caselaw and citations from nonexistent cases.
Kachouroff acknowledged using generative artificial intelligence to draft a motion during a pretrial hearing after the mistakes were found.
Kachouroff initially argued that the error-ridden motion was filed by mistake. However, the version that Kachouroff said was the correct one still contained “substantive errors,” including some that weren’t in the filed version of the motion, and it had timestamps that did not align with his claims, Wang found.
She said “contradictory statements and the lack of corroborating evidence” failed to persuade her that the AI-assisted filing was an inadvertent error, versus sanction-worthy negligence.
The judge also found Kachouroff’s responses, in which he tried to shift responsibility and suggested that the court attempted to “blindside” him over the errors, “troubling and not well-taken.” As Wang sought to determine if the AI-assisted motion was filed out of simple human error or was sanction-worthy, she wrote that neither Kachouroff nor DeMaster provided the court with “any explanation as to how those citations appeared in any draft of the Opposition absent the use of generative artificial intelligence or gross carelessness by counsel.”
Lindell was ordered to pay $2.3 million in damages for the defamation case — the only defense of which would have been to provide the court with actual evidence of election fraud in 2020 (which Lindell’s attorneys, of course, could not do).
As Kyle Clark of 9News adds, the AI-generated errors in a brief from Lindell’s attorneys included references to wholly made-up case law:
Welp. This probably won’t make Lindell sleep any better at night.
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