As the use of artificial intelligence (AI) continues to accelerate across industries, it is unsurprising that courts are beginning to confront its implications in the litigation context. A recent federal decision underscores just how quickly these issues are moving.
On February 10, 2026, a federal court in Michigan held that records reflecting a pro se plaintiff’s use of ChatGPT to assist with legal filings were protected by the work-product doctrine. In Warner v. Gilbarco, Inc., a former employee brought discrimination and related claims against her employer, Gilbarco, Inc (Gilbarco). Notably, the plaintiff represented herself in the litigation and acknowledged during discovery that she used ChatGPT to help draft filings in the case.
The defendant sought broad discovery of “all documents and information” concerning the plaintiff’s use of third-party AI tools in connection with the litigation. The plaintiff objected, arguing that such materials reflected her internal analysis and mental impressions, and were therefore protected from disclosure.
The court agreed with the plaintiff. Rejecting the defendant’s arguments, the court concluded that the plaintiff’s interactions with ChatGPT were shielded by the work-product...
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