What this is. This is a special edition, and we’re labeling it as one. Normally Case of the Week is a random public brief — and normally the story is that a lawyer did their job. This week is the opposite by design. Mata v. Avianca is the brief that made “AI hallucination” a headline: a 2023 filing whose citations were generated by ChatGPT, several of which turned out not to exist. We ran it for one reason — it’s a rare brief where the right answer is already public. Judge P. Kevin Castel’s sanctions order (S.D.N.Y., June 22, 2023) named exactly which cases were fabricated. That gives us a scorecard to check ourselves against.
What the court found. The court identified six fabricated cases — Varghese, Shaboon, Petersen, Martinez, Durden, and Miller — and sanctioned the attorneys. That’s the answer key. The question for us was simple: run the brief through CiteCheck cold and see what it does with those six, and with everything around them.
What CiteCheck did with the fakes. It flagged all six for review. Five came back “this citation isn’t in CourtListener — look into it.” The sixth, Miller, came back “this citation doesn’t resolve to that case.” Notice what CiteCheck does not do: it never stamps a case “fabricated.” It can’t. Absence from a database isn’t proof a case is fake — real cases sit outside CourtListener too (unpublished state opinions, Westlaw-only cites, older reporters). So we route it to a human instead of guessing. The court could prove the negative; we can only point the reviewer at the right doors. On this brief, all six doors were the right ones.
The part the headlines missed. The fabricated cases got the press. But a citation checker that only catches fake cases misses most of the problem — and this brief proves it. Underneath the six fakes were real cases used wrongly: two real decisions cited under fabricated citations, and real cases quoted for propositions the opinions don’t actually support. None of those are in the sanctions headline. All of them are wrong. That layer — real case, wrong use — is the one CiteCheck was built for, and it’s where the four extra catches live.
