Berry v. Stewart
- Party
- Lawyer
- AI Tool
- Unidentified
Hallucinated Content
Fabricated
- Exhibits & Submissions
Defendant's briefing quoted a forum-selection clause that does not appear in the parties' contract or any filed papers; the actual clause is at Doc. 11-1 ¶ 12.
- Case Law
Defendant cited a non-existent case, Hogan v. Allstate Insurance Co.; Westlaw citation returns no case, no CM/ECF case exists, docket format is invalid for D. Kan., and no judge with initials JPM sits in the district.
Outcome
Notes
In the November 2024 Show Cause Order, Judge Robinson noted that: "First, the briefing does not cite the forum-selection clause from the contract between the parties; instead, it cites and quotes a forum-selection clause that appears nowhere in the papers submitted by the parties. Second, Defendant’s reply brief includes a citation, Hogan v. Allstate Insurance Co., No. 19-CV-00262-JPM, 2020 WL 1882334 (D. Kan. Apr. 15, 2020), in which the court purportedly “transferred a case to the Southern District of Texas because the majority of the witnesses were located in Texas. The court found that the burden on the witnesses outweighed the convenience of litigating the case in Kansas.” As far as the Court can tell, this case does not exist. The Westlaw database number pulls up no case; the Court has found no case in CM/ECF between the parties “Hogan” and “Allstate Insurance Co.” Moreover, docket numbers in this district have at least four digits—not three—after the case-type designation, and there is no judge in this district with the initials “JPM.”"During the show cause hearing (Transcript), Counsel apologised and pledged to reimburse the other side's costs, as well as his client's.