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Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 01:25:39 JST Kendra Albert

Are you just catching up on the bonkers story about the lawyer using ChatGPT for federal court filings? This is a thread for you.

In conversation Sunday, 28-May-2023 01:25:39 JST from dair-community.social permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:25 JST Kendra Albert
  in reply to
  
  But also, this case is basically perfect. Like tailor made for the fact pattern of PL's case! Amazing that there's circuit level precedent that lines up with the lawyer's argument so cleanly.
  The other ones are also pretty weird. There's parts that are in quotes (page 7)? There's a Texas state court referring to an 11th Circuit ruling as if they had made it (page 5)? https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.4.pdf
  So there's some stuff that should make a lawyer curious, in short.
  In conversation Sunday, 28-May-2023 02:13:25 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:26 JST Kendra Albert
  in reply to
  - Alex Hanna
  - Prof. Emily M. Bender(she/her)
  Now, weird stuff happens in the federal courts, so it's not totally out of the question that someone might sit by designation or something else funky is happening. But still, that's very strange!
  (Call back to when I went on @alex and @emilymbender's Mystery AI Hype Theater and talked about how the types of errors that generative AI makes are different in kind from the type that humans make.)
  
  In conversation Sunday, 28-May-2023 02:13:26 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:27 JST Kendra Albert
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  And it's supposedly an 11th Circuit opinion. On page 2, it says "Before Jordan, Rosenbaum, and Higginbotham, *Circuit Judges."
  One issue. Higginbotham isn't an 11th Circuit judge. There is a Patrick Higginbotham who is a federal judge. He served on the 5th Circuit, and took senior status before either of the two other judges (who are real) took office. https://en.wikipedia.org/wiki/Patrick_Higginbotham
  In conversation Sunday, 28-May-2023 02:13:27 JST permalink
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    Patrick Higginbotham
    
    Patrick Errol Higginbotham (born December 16, 1938) is an American judge and lawyer who serves as a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Background and education Judge Higginbotham was born in McCalla, Alabama to George and Ann Higginbotham (née Tumlin). The youngest of three, Higginbotham showed academic promise early in life. Higginbotham received a Bachelor of Arts degree from the University of Alabama in 1960, attending on a tennis scholarship offered to him by then-Athletic-Director Paul "Bear" Bryant and serving as the team captain. He finished college and law school in just five years and received in 1961 a Bachelor of Laws from the University of Alabama School of Law at Tuscaloosa, where he also met Elizabeth, his eventual wife of 52 years. Career He was in the United States Air Force, JAG Corps from 1961 to 1964. He then joined Coke & Coke in Dallas, Texas from 1964 to 1975, where he primarily worked in antitrust litigation. He was an adjunct professor of constitutional law at the Southern Methodist...
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:28 JST Kendra Albert
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  PL then attaches the "opinions." Let's take one of them: https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.1.pdf
  First of all, this doesn't really look like a court opinion, formatting wise. There's no date.
  In conversation Sunday, 28-May-2023 02:13:28 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:29 JST Kendra Albert
  in reply to
  
  On April 25, PL files a response. It's amazing.
  First, he says, he's attached the copies of the cases that he previously cited. (We'll come back to that.)
  Second, that he couldn't find one of the cases that was cited by the court in one of those opinions.
  Third, that the opinions are excerpts - that the attachments "may not be inclusive of the entire opinions but only what is made available by online database."
  It's notarized by Stephen Schwartz.
  https://www.courtlistener.com/docket/63107798/29/mata-v-avianca-inc/
  In conversation Sunday, 28-May-2023 02:13:29 JST permalink
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    Response in Opposition to Motion – #29 in Mata v. Avianca, Inc. (S.D.N.Y., 1:22-cv-01461) – CourtListener.com
    
    from @freelawproject
    
    RESPONSE in Opposition to Motion re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Roberto Mata. (Attachments: # 1 Exhibit Varghese v. China Southern Airlines, # 2 Exhibit Shaboon v. Egypt Air, # 3 Exhibit Peterson v. Iran Air, # 4 Exhibit Martinez v. Delta Airlines, # 5 Exhibit Estate of Durden v. KLM Royal Dutch Airlines, # 6 Exhibit Ehrlich v. American Airlines, # 7 Exhibit Miller v. United Airlines, Inc., # 8 Exhibit Ttivelloni-Lorenzi v. Pan American World Airways, Inc.).(LoDuca, Peter) (Entered: 04/25/2023)
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:30 JST Kendra Albert
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  The judge gives PL more time (and apparently rope to hang himself). We're now up to April and docket number 28.
  
  In conversation Sunday, 28-May-2023 02:13:30 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:31 JST Kendra Albert
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  PL asks for an extension. He's on vacation. https://www.courtlistener.com/docket/63107798/26/mata-v-avianca-inc/
  Now...this seems a little odd to me. People should be able to take breaks, but really, you need more than a week to produce a copy of cases and an affidavit?
  In conversation Sunday, 28-May-2023 02:13:31 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:32 JST Kendra Albert
  in reply to
  
  On April 11, the court orders PL to produce copies of the cases. https://www.courtlistener.com/docket/63107798/25/mata-v-avianca-inc/ Likewise, on April 12, the judge asks for another case. https://www.courtlistener.com/docket/63107798/27/mata-v-avianca-inc/
  (This is not necessarily so unusual - some judges have local rules requiring litigants to attach unpublished cases to filings to save the court from having to go find them.)
  In conversation Sunday, 28-May-2023 02:13:32 JST permalink
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    Order – #25 in Mata v. Avianca, Inc. (S.D.N.Y., 1:22-cv-01461) – CourtListener.com
    
    from @freelawproject
    
    ORDER: By April 18, 2022, Peter Lo Duca, counsel of record for plaintiff, shall file an affidavit annexing copies of the following cases cited in his submission to this Court: as set forth herein. Failure to comply will result in dismissal of the action pursuant to Rule 41 (b), Fed. R. Civ. P. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2023) (ama) (Entered: 04/11/2023)
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:33 JST Kendra Albert
  in reply to
  
  The defendants file their response. In it, there's a footnote where they flag that they can't find the cases that PL cited to, or they don't say what PL said they said. https://www.courtlistener.com/docket/63107798/24/mata-v-avianca-inc/
  In conversation Sunday, 28-May-2023 02:13:33 JST permalink
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  1. 1 Plaintiffs cites the following cases in support of these arguments: (1) “Shaboon v. Egyptair, 2013 IL App (1st) 111279-U (Ill. App. Ct. 2013)”; (2) “Peterson v. Iran Air, 905 F. Supp. 2d 121 (D.D.C. 2012)”; (3) “Martinez v. Delta Airlines, Inc., 2019 WL 4639462 (Tex. App. Sept. 25, 2019)”; and (4) “Estate of Durden v. KLM Royal Dutch Airlines, 2017 WL 2418825 (Ga. Ct. App. June 5, 2017)”. The undersigned could not find these cases. Plaintiff also cites to “Ehrlich v. American Airlines, Inc., 360 N.J. Super. 360 (App. Div. 2003).” The undersigned could not locate this case, but notes that there is a Second Circuit case captioned Ehrlich v. American Airlines, Inc. regarding the ability of a passenger to recover psychological damages following an incident in international transportation. 360 F.3d 366 (2d Cir. 2004).
    https://cdn.masto.host/daircommunitysocial/media_attachments/files/110/441/253/871/197/952/original/500393e2c9f542a5.png
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    Reply Memorandum of Law in Support of Motion – #24 in Mata v. Avianca, Inc. (S.D.N.Y., 1:22-cv-01461) – CourtListener.com
    
    from @freelawproject
    
    REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Avianca, Inc...(Banino, Bartholomew) (Entered: 03/15/2023)
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:34 JST Kendra Albert
  in reply to
  
  On March 1st, PL files that reply/opposition to the motion to dismiss.
  It cites a bunch of cases in support of its argument! They seem quite convincing - there's some state courts holding that state courts can decide international airline accidents. (See pages 4 and 5). https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.21.0.pdf
  In conversation Sunday, 28-May-2023 02:13:34 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:35 JST Kendra Albert
  in reply to
  
  The case is in federal court, and they're arguing over whether it should be there or in state court. The airline has filed its motion to dismiss on Jan. 13. On Jan. 18, the plaintiff asks for more time to reply (#19). The judge gives it to them. (#20).
  
  In conversation Sunday, 28-May-2023 02:13:35 JST permalink
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  Kendra Albert (kendraserra@dair-community.social)'s status on Sunday, 28-May-2023 02:13:36 JST Kendra Albert
  in reply to
  - Mike Dunford
  Our dramatis personae - some lawyers in federal court, in a lawsuit over a personal injury on an airplane.
  Bartholomew Banino (BB) represents the airline.
  Peter LoDuca (PL) and Steven Schwartz (SS) represent the injured person.
  Here's the docket (via @questauthority) https://www.courtlistener.com/docket/63107798/mata-v-avianca-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=asc
  In conversation Sunday, 28-May-2023 02:13:36 JST permalink
  Attachments
  1. Domain not in remote thumbnail source whitelist: storage.courtlistener.com
    
    Mata v. Avianca, Inc., 1:22-cv-01461 - CourtListener.com
    
    from @freelawproject
    
    Docket for Mata v. Avianca, Inc., 1:22-cv-01461 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

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