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Del Biaggio v. Bansen

The court sanctioned appellate counsel for fabricated quotations in an AI-assisted brief, rejecting his plan to rely on a paralegal to verify the authorities.

$1,500 sanction; State Bar notification
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Case background

Material facts

During an attorney-fee appeal, Carlton Floyd added AI-generated material to the opening brief. He said he asked his paralegal to verify it; she understood he had already done so. The brief attributed fabricated quotations to real cases. Floyd withdrew the misstatements more than three months after opposing counsel raised them.
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The decision

The court’s ruling

The court accepted that Floyd had no intent to mislead but found his verification protocol inadequate. A lawyer needed to review the authorities personally. Under rule 8.276(a)(4), it imposed $1,500 payable to the court and required State Bar notification and client notice.

Why it matters

What the decision means

Verify the final brief against the opinions, including additions made after an earlier review. Correct discovered errors promptly.
Limit of the ruling. The published opinion found the appeal partly meritorious and denied the opponents’ sanctions request. Counsel’s misconduct remained independently sanctionable.

Primary reading

Source