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Fox v. Assum

Court
Israel
Jurisdiction
Israel
Decided
2025-05-14
AI tool
Unidentified
Outcome
No formal sanction; request by court for explanation; partial costs awarded against the defendant
Monetary penalty
1200 ILS

What was hallucinated

Fabricated: Case Law | Defendant cited particulars of an apparently non-existent ('imaginary') judgment; the court said it was not just a wrong case or party names, suspected AI use, and demanded a clearer explanation.

Details

AI UseIn a filing related to a third-party notice, the defendant cited a judgment that did not exist. The judge clarified that this was not simply a mistaken citation or party confusion, but rather a reference to an entirely fictional judgment. The court explicitly stated: “It is not clear how such an error occurs, except through the use of artificial intelligence.”Ruling/SanctionThe court permitted the defendant to proceed with the third-party notice but ordered partial costs (₪1,200) to be paid to the plaintiff due to procedural irregularities. The judge demanded a formal explanation of how the fictitious citation was introduced, in order to prevent recurrenceKey Judicial ReasoningWhile the procedural error did not warrant barring the defendant’s claim against a third party, the court emphasized that referencing a fictional legal source is a serious issue requiring scrutiny. The opinion signals a growing judicial intolerance for unverified AI-assisted legal drafting in Israeli courts.

Sanction teardown · Israel, Israel · 2025-05-14

Fox v. Assum

What happened

In Israel, Israel, a filing relied on an unnamed/unconfirmed AI tool to help draft legal argument. The court identified the following problems with the citations in that filing:

  • Fabricated (Case Law)
    Defendant cited particulars of an apparently non-existent ('imaginary') judgment; the court said it was not just a wrong case or party names, suspected AI use, and demanded a clearer explanation.

Which AI tool

an unnamed/unconfirmed AI tool. Note: Charlotin's public database records tool attribution only where a court order, brief, or reporting on the matter states it explicitly; "unidentified" or "implied" means the record indicates AI use but does not name a specific product — we do not guess.

Outcome

No formal sanction; request by court for explanation; partial costs awarded against the defendant (monetary penalty: 1200 ILS.)

Additional detail

AI UseIn a filing related to a third-party notice, the defendant cited a judgment that did not exist. The judge clarified that this was not simply a mistaken citation or party confusion, but rather a reference to an entirely fictional judgment. The court explicitly stated: “It is not clear how such an error occurs, except through the use of artificial intelligence.”Ruling/SanctionThe court permitted the defendant to proceed with the third-party notice but ordered partial costs (₪1,200) to be paid to the plaintiff due to procedural irregularities. The judge demanded a formal explanation of how the fictitious citation was introduced, in order to prevent recurrenceKey Judicial ReasoningWhile the procedural error did not warrant barring the defendant’s claim against a third party, the court emphasized that referencing a fictional legal source is a serious issue requiring scrutiny. The opinion signals a growing judicial intolerance for unverified AI-assisted legal drafting in Israeli courts.

How Citation Safe would have caught this

Citation Safe runs three deterministic layers before a brief is filed: (1) does the citation exist against CourtListener's database of published opinions, (2) if quoted, does that exact language appear in the source, (3) does the cited case actually support the proposition it is cited for. Fabricated case citations fail Layer 1. Fabricated or misattributed quotations fail Layer 2 even when the underlying case is real. Misrepresented holdings — a real case cited for a proposition it does not support — are the target of Layer 3. None of these checks involve asking another language model whether the citation looks right; they are lookups and text-matches against the actual source, which is why a hallucinated citation has to survive a direct lookup against the authoritative source — not another model's opinion — to earn a VERIFIED stamp; our measured false-verify rate is published live at /quality.

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Source: https://www.damiencharlotin.com/documents/337/Fox_v._Assum_May_24_2025.pdf, via Damien Charlotin's public AI Hallucination Cases Database (CC0).

Source: https://www.damiencharlotin.com/documents/337/Fox_v._Assum_May_24_2025.pdf

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