AI failures · Fabricated content
Kohls v. Ellison — Minnesota Federal Court Excludes Expert Declaration Containing AI-Hallucinated Citations
Verified Checked against its sources on 2 sources quoted
- Where it happened
- Minnesota, United States
- Organization
- Office of the Minnesota Attorney General (filing party); expert witness from Stanford University
- Date
- Declaration filed November 1, 2024; excluded by order of January 10, 2025
- Function
- Legal / expert testimony
- Where it happened
- Expert declaration drafting
- System
- GPT-4o
- Technology
- Generative AI
- Type of failure
- Fabricated content
- Caught by
- The opposing party, A court
Summary
In a First Amendment challenge to Minnesota's election deepfake law, the state Attorney General filed an expert declaration from a Stanford communication professor. The declaration cited two academic articles that do not exist and misattributed the authors of a third; the expert said the errors came from using GPT-4o while drafting and that he had not caught them. The plaintiffs moved to exclude the declaration. On January 10, 2025, the court refused to consider the expert's testimony for the preliminary-injunction motion and denied as moot the Attorney General's request to file a corrected version. No attorney was sanctioned.
Consequence
- The court excluded the expert's declaration from consideration on the preliminary-injunction motion and denied as moot the request to file an amended declaration (order of January 10, 2025).
Who caught it The opposing party, A courtFound outside the organization
Analysis
What could have been done
Checking AI output against its sources
Every factual element of AI output (citations, figures, quotations) is checked against its source before reliance.
The expert declaration cited two academic articles that do not exist and misattributed the authors of a third; the expert said the errors came from using a generative AI tool while drafting and that he had not caught them.
Oversight of suppliers' AI use
Suppliers' use of AI is disclosed, contracted for and checked.
The filing party submitted an outside expert's AI-assisted declaration with these citation errors in it; the court excluded the testimony and denied as moot the request to file a corrected version.
What would likely have prevented it
- Require outside experts and other contributors to state in writing whether AI tools were used in drafting, and to confirm that every reference in a sworn document has been checked against the cited work.
- Have the instructing party independently check the reference list of an outside expert's declaration, confirming each cited work exists and has the stated authors, before it is filed.
What would likely have caught it earlier
- Check an outside expert's references on receipt rather than at filing, so errors surface while a corrected version can still be relied on; here the request to file a corrected declaration was denied as moot when the testimony was excluded.
Key dates
- January 10, 2025Event
- October 16, 2026Checked against sources
- October 18, 2026Checked against sources
- 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.
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the Court will exclude consideration of Professor Hancock's expert testimony in deciding Plaintiffs' preliminary-injunction
Supports: Ruling: expert testimony excluded; date January 10, 2025; court and parties
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The expert has since acknowledged and sought leave to correct three citation errors in his declaration, including two “hallucinations” to nonexistent studies.
Supports: What happened: two non-existent studies and a third citation error; GPT-4o drafting; plaintiffs' motion to exclude
Suggested citation. Eminence Scan, “Kohls v. Ellison — Minnesota Federal Court Excludes Expert Declaration Containing AI-Hallucinated Citations”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/fail-005/.
Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.
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