Mealey's Artificial Intelligence
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December 05, 2024
Minnesota Supreme Court Issues Warning After Brief Contains AI-Created Fake Cites
ST. PAUL, Minn. — The Minnesota Supreme Court denied leave to file an amended petition for review to correct fake citations created by artificial intelligence ChatGPT, saying the attorney failed to file an accompanying motion. The court went on to decline review of a ruling affirming dismissal of a personal injury action.
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December 05, 2024
Judge Tosses CBD Gummies Suit Filed By Former Arkansas Governor Against Meta
WILMINGTON, Del. — A Delaware federal judge dismissed a suit filed by former Arkansas Gov. Mike Huckabee against Meta Platforms Inc., formerly known as Facebook Inc., asserting that Meta violated Arkansas state and common law by allowing unidentified third parties to post advertisements on Facebook that falsely claimed that Huckabee endorsed their cannabidiol (CBD) gummies, finding, in part, that Huckabee failed to plead the element of scienter necessary under Arkansas law.
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December 05, 2024
Judge Relates Trio Of Cases Challenging California AI Election Law
SACRAMENTO, Calif. — A trio of cases challenging recent California law governing dissemination and disclosure of deceptive political content created by artificial intelligence would benefit from being assigned to the same judge and magistrate judge, a federal judge in California said in relating the cases.
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December 05, 2024
AI Deepfake Teen Victim Seeks ‘Novel’ Parental Duty, Defendant Says
TRENTON, N.J. — A 15-year-old victim of nonconsensual artificial intelligence pornography seeks to use New Jersey law in unintended ways and impose a “novel” and “fundamentally unfair” new duty on parents for their child’s every technological action, a boy accused of conspiring to create the deepfake images says in opposing the girl’s motion for leave to amend her complaint in federal court to add the boy’s parents and a second family as parties.
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December 03, 2024
Texas Attorney Sanctioned Over AI’s Use In Employment Termination Case
BEAUMONT, Texas — An attorney who relied on artificial intelligence as the sole means to confirm citations and quotations in a brief opposing summary judgment in a wrongful termination case must pay $2,000 and attend legal training, a federal judge in Texas said in imposing sanctions including allowing the defendant to file a reply to the amended response, which it did Dec. 2.
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December 03, 2024
Texas AI Disclosure Rule Applies To Briefs, Not Complaints, Judge Says
DALLAS — A court rule requiring parties to disclose the use of artificial intelligence applies only to briefing and therefore a pro se plaintiff could not have run afoul of it even if he used the technology to craft his amended complaint, a federal judge said while finding that the man’s breach of contract claim against a credit union survived a motion to dismiss.
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November 27, 2024
OpenAI Disputes Claim It Ruined News Plaintiffs AI Search Results
NEW YORK — OpenAI Inc. and various news entities that accuse it of using their copyrighted works to train artificial intelligence briefed a federal judge in New York over whether discovery evidence was deleted or merely reformatted allowing the plaintiffs to rerun searches of the training material.
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November 25, 2024
Hospitals Dismiss Suit Claiming Multiplan Uses AI To Depress Reimbursements
CHICAGO — A federal judge in Illinois granted two hospitals’ motion to voluntarily dismiss their action claiming that Multiplan Inc. and health insurers use artificial intelligence to suppress the price of out-of-network care.
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November 22, 2024
COMMENTARY: 2024 Key Insurance Decisions, Trends & Developments & A Look Ahead To 2025
By Scott M. Seaman, Pedro E. Hernandez and Lisa M. Roccanova
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November 22, 2024
AI Rental Discrimination Case Receives Judge Approval For $1.75M Settlement
BOSTON — A settlement providing for $1.75 million plus fees and incentives has resolved a class action alleging that an artificial intelligence-based renter scoring program discriminated against those utilizing state and federal housing vouchers and therefore Blacks and Hispanics after a federal judge in Massachusetts granted final approval of the deal.
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November 22, 2024
Magistrate Judge: No Due Process Issues In Student AI-Cheating Case
BOSTON — Neither the novelty of artificial intelligence nor the way a school district handled discipline for a student who used the technology for a history project warrants a preliminary injunction reversing the punishments, a federal magistrate judge in Massachusetts said in denying a motion.
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November 21, 2024
DOJ, States Argue That ‘Google Must Divest Chrome’ In Sherman Act Antitrust Suit
WASHINGTON, D.C. — In a suit in which a federal judge overseeing the case previously determined that Google LLC violated Section 2 of the Sherman Act, the Department of Justice (DOJ) and officials from numerous states on Nov. 20 urged the U.S. District Court for the District of Columbia to adopt their proposed final judgment, which includes requiring Google to divest web browser Chrome.
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November 20, 2024
Plaintiffs: Health Care Pricing Algorithm Just High-Tech Price Fixing
CHICAGO — A consolidated amended class action filed in multidistrict litigation in an Illinois federal court claims that Multiplan Inc. and others rely on allegedly algorithmic repricing of out-of-network health claims to keep prices artificially low and that it is really just a “technological smokescreen for traditional price fixing.”
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November 20, 2024
Journalism Plaintiff Defends ‘Abridgement’ Claims In AI Copyright Suit
NEW YORK — Artificial intelligence companies may not simply remove copyright management information from news stories, distribute the material among themselves and then create chatbots producing abridged and competing versions of the stories, the nonprofit publisher of Mother Jones told a federal judge in New York in opposing a motion to dismiss.
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November 20, 2024
MosaicML AI Model Defendants Seek Consolidation Of Authors’ Lawsuits
SAN FRANCISCO — An artificial intelligence company asked a federal judge in California to consolidate three authors’ copyright class action lawsuit involving the training of large language models with a second suit also involving authors.
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November 19, 2024
OpenAI Says No Malice, Damages In ChatGPT Defamation Case
ATLANTA — A man cannot show that anyone would believe ChatGPT’s fictional outputs about his alleged role in a lawsuit, and he cannot meet the actual malice standard required to show defamation of a public figure like a national radio host, OpenAI LLC says in a motion for summary judgment in a Georgia court.
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November 19, 2024
Fair Use, Copyright At Issue In AI Legal Research Summary Judgment Briefing
WILMINGTON, Del. — Whether it was unlawful to train an artificial intelligence on a “vanishingly small” amount of protected legal research material and whether a copyright can even protect legal research product when the underlying materials were all in the public domain come before a federal judge in Delaware on briefing for motions for summary judgment. Redacted versions of the reply briefs were filed Nov. 18.
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November 14, 2024
Woman Sues Ex-Boyfriend Over Posting Of Nonconsensual AI-Created Images
HARTFORD, Conn. — A former boyfriend publicly posted nude photos he promised he would keep private but also posted ones taken while the subject was unaware and others altered by artificial intelligence to depict conduct that never occurred, a woman claims in a lawsuit filed in Connecticut federal court.
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November 14, 2024
Divided 9th Circuit Affirms OpenAI Trademark Ruling
SAN FRANCISCO — The conclusion that OpenAI Inc.’s mark acquired a secondary meaning prior to the release of its ChatGPT and DALL-E 2 and prior to being used by a different company is not “clearly erroneous,” a majority of a Ninth Circuit U.S. Court of Appeals panel said Nov. 13 in affirming an injunction for OpenAI, with the dissent writing that confusion evident in the ruling requires remand.
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November 12, 2024
Mother Details Jurisdiction In Suit Alleging Character.AI Led To Son’s Suicide
ORLANDO, Fla. — A woman who claims that her son committed suicide after interactions with Character.AI filed an amended complaint and response to an order to show cause, further detailing the citizenship of defendant Google LLC after the court issued a sua sponte order saying it couldn’t properly determine whether federal jurisdiction was appropriate without the information.
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November 08, 2024
Judge Dismisses AI Suit, Says Removal Of CMI Alone Not Sufficient For Standing
NEW YORK — Two media outlets have not established that the removal of copyright management information (CMI) from news stories without corresponding dissemination of the works constitutes an injury or that an artificial intelligence is likely to reproduce the works verbatim, a federal judge in New York said in dismissing the outlets’ lawsuit on Nov. 7 for lack of standing.
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November 07, 2024
Parties To Newspaper AI Copyright Case Debate Progress Of Discovery
NEW YORK — Newspaper plaintiffs in an artificial intelligence copyright suit say technical issues plaguing searches of datasets used to train the AI programs are making the discovery process impossible and asked a New York federal judge to compel OpenAI entities to identify and admit which relevant works were used. In the joint letter, OpenAI says that while the parties are in “uncharted waters,” there is no need for the unprecedented relief the plaintiffs seek. The joint letter comes on the heels of a third case being added to the litigation and disputes over discovery into social media and what types of damages and benefits the New York Times Co. has seen from AI.
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November 07, 2024
Lack Of Injury Dooms YouTube Scraping AI Suit, Nvidia Says
SAN FRANCISCO — A man can point to no injury from the alleged transcribing of YouTube videos for the use in the training of artificial intelligence, and any viable claims would be preempted by copyright law, dooming his California unfair competition law, so the court should dismiss the claims with prejudice, Nvidia Corp. argues.
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November 06, 2024
YouTube Entities Seek Dismissal Of UCL Claims In AI Suit
SAN FRANCISCO — California unfair competition law claims involving the alleged training of artificial intelligence on YouTube videos are preempted by copyright law, but even if they weren’t there is no injury or reliance on which to base them, Google LLC and related companies tell a federal judge in California in seeking dismissal.
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November 06, 2024
AI Company Opposes Bid For Summary Judgment In Sci Fi-Based Name Battle
NEW YORK — Defendants asked a federal judge in New York for leave to file a motion for summary judgment in a trademark infringement case, saying their health care-based product is nothing like the plaintiff’s artificial intelligence and specialized microchip company. But in a motion to strike, the plaintiff said potential confusion among consumers is a fact-intensive analysis and that the court should strike the defendants’ pre-motion letter and deny the relief.