Crowder v. Yussman
Kentucky Court of Appeals · Ky. Ct. App. · Kentucky bar guidance
Verified May 14, 2026
- Citation
- Crowder v. Yussman, No. 2024-CA-0930-MR (Ky. Ct. App. Oct. 24, 2025)
- Decided
- October 24, 2025
Summary
Susan Crowder appealed the Jefferson Circuit Court's grant of summary judgment to Dr. Marvin Yussman in a fertility-fraud action. On review, the Kentucky Court of Appeals affirmed the trial court and separately addressed the appellant's brief, which contained three citations to nonexistent case law. The panel did not name a specific generative AI tool but treated the fabricated citations as the type of error produced by unverified AI-assisted research, reminding counsel that verifying cited authority is an ethical obligation under Kentucky Supreme Court Rule 3.130(1.1) (competence).
- AI tool:
- Unspecified generative AI
What sanction did the court impose?
No monetary sanction or referral. The court issued a written warning to counsel that submitting a brief without confirming the existence of the cases cited is an affront to the dignity of the court and a breach of the duty of competence under SCR 3.130(1.1). The judgment below was affirmed on the merits.
Why does Crowder v. Yussman matter for law firms using AI?
Crowder is a useful data point for managing partners because the underlying case is a serious, sympathetic appeal (a 1975 fertility-fraud claim against a retired physician) where the appellant lost in part on procedural failings and a brief that cited three nonexistent cases. The Court of Appeals chose a public warning over monetary sanctions, but tied the warning directly to Kentucky’s competence rule, signaling that the next Kentucky panel facing the same conduct can reach for the disciplinary toolkit without breaking new ground. For a small firm, the lesson is that an unverified AI-assisted brief can convert a difficult merits appeal into a published rebuke that follows the firm’s name in every future search.
Sources
Primary sources
Further reading
- https://caselaw.findlaw.com/court/ky-court-of-appeals/117854798.html
- Justia (legal aggregator)
- Document mirror (Damien Charlotin hallucination database, Westlaw printout)
Source PDF is a Westlaw printout mirrored from the Damien Charlotin hallucination database. We are working to add the underlying court docket (PACER, CourtListener, or court website) as a second source.