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Saturday, May 16, 2026

Employer Playbook for Attacking AI Use in Pro Se Litigation: A Roundup of Recent Court Sanctions Against ChatGPT Plaintiffs - Fisher Phillips LLP

Employer Playbook for Attacking AI Use in Pro Se Litigation: A Roundup of Recent Court Sanctions Against ChatGPT Plaintiffs

Pro se litigants are increasingly using GenAI tools like ChatGPT, Claude, Perplexity, Gemini, or CoPilot to file and maintain lawsuits against their employers – and corporate counsel and defense attorneys need new tools to fight back. We’ve assembled a collection of helpful rulings from the past few months where courts have given relief to defendants against these ChatGPT plaintiffs, laying out a blueprint you can put to use in your cases. While docket searches are replete with examples of courts warning or even admonishing pro se plaintiffs, these rulings provide support for stronger sanctions: monetary penalties, denied motions, and claims dismissals.

Quick Background: Read our comprehensive summary – “The ChatGPT Plaintiff: How AI Is Transforming Employment Litigation, Driving Up Defense Costs, and What In-House Counsel Can Do About It” – for a more complete picture of this issue and practical steps corporate counsel can take.

Monetary Sanctions

Allen v. Cass Casper (N.D. Ill. March 10, 2026)

  • Case Background: A pro se plaintiff sued her former employment attorney for legal malpractice and other related claims, alleging he removed claims from her lawsuit without her consent.
  • The AI Misconduct: In opposing a motion to dismiss, the pro se plaintiff submitted a 112-page brief containing at least two entirely fabricated case citations. The court...


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