Mata v. Avianca, Inc., 1:22-cv-01461 (S.D.N.Y.); sanctions opinion reported at 678 F. Supp. 3d 443 (2023)

Summary

Roberto Mata sued Avianca in New York state court on February 2, 2022, over a knee injury from a serving cart on a 2019 flight; Avianca removed the case to the Southern District of New York on February 22, 2022. Opposing Avianca's motion to dismiss, Mata's lawyers filed papers citing judicial opinions that did not exist, which one lawyer had obtained from ChatGPT, and they kept standing by them after the court questioned them. On June 22, 2023, Judge P. Kevin Castel sanctioned attorneys Peter LoDuca and Steven Schwartz and their firm, Levidow, Levidow & Oberman, imposing a $5,000 penalty jointly and severally and requiring letters to the client and to the judges falsely named as authors. The same day he dismissed the claim as untimely under the Montreal Convention's two-year limit, and judgment for Avianca was entered on July 7, 2023. The docket shows no later filings.

Key dates

1. February 2, 2022Filed
2. June 22, 2023Resolved
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Assigned To: P. Kevin Castel Citation: Mata v. Avianca, Inc., 1:22-cv-01461, (S.D.N.Y.) Date Filed: Feb. 22, 2022 Date Terminated: July 7, 2023

   Supports: Court, docket number, removal date, termination

   Mata v. Avianca, Inc., 1:22-cv-01461 (docket) CourtListener (PACER/RECAP docket) Primary source

2. submitted non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT, then continued to stand by the fake opinions after judicial orders called their existence into question

   Supports: Fabricated citations from ChatGPT

   A penalty of $5,000 is jointly and severally imposed on Respondents and shall be paid into the Registry of this Court within 14 days of this Opinion and Order.

   Supports: Sanction

   Opinion and Order on Sanctions (ECF 54), filed 22 June 2023 U.S. District Court, S.D.N.Y. (RECAP copy via CourtListener) Primary source

3. Mata then filed the complaint in this action on February 2, 2022.

   Supports: Filing date in state court

   Because Mata commenced this action after expiration of the two-year period prescribed by the Montreal Convention, Avianca's motion will be granted.

   Supports: Dismissal as time-barred

   Opinion and Order granting motion to dismiss (ECF 55), filed 22 June 2023 U.S. District Court, S.D.N.Y. (RECAP copy via CourtListener) Primary source