The Dangers of Relying on AI to Write An Appellate Brief

By Christopher Keleher
Founder

Abbigail Rajala posted a critical review of her dating experience with Nikko D’Ambrosio on the Chicago Facebook’s Spill the Tea group. According to the district court, D’Ambrosio “sued anyone remotely associated with those posts for all possible, imaginable claims, including the woman who dated him and her parents, women commenting on posts, the operators of the Facebook group, and Facebook itself.” The plaintiff alleged defamation, but the district court dismissed the suit.                                                                                                  The Seventh Circuit Court of Appeals affirmed and ordered the plaintiff and his legal team to explain why they shouldn’t face sanctions for “frivolously appealing” the dismissal and for submitting a brief with “fictitious quotations.” The court said the plaintiffs’ filings, through his appellate counsel, “bear the hallmarks of the misuse of generative artificial intelligence.” Further, the court noted the firm’s website “boasts of the firm’s extensive incorporation of artificial intelligence into all areas of its representation.” The court referred the matter to the Illinois State Bar, but it did not independently sanction any Generative AI misuse. The case citation is D’Ambrosio v. Meta Platforms, Inc., 2026 WL 1361951 (7th Cir. May 15, 2026).

About the Author

Christopher Keleher clerked for the Hon. William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit.  This unique opportunity provided Mr. Keleher with an invaluable understanding of the inner workings of an appellate court.  He saw what persuades judges and what does not, and utilizes this knowledge every time he writes an appellate brief. The Keleher Appellate Law Group handles all phases of appellate litigation in federal and state courts across the country. Read more here.