Holmes v. University of Texas at Austin
U.S. District Court, Western District of Texas, Austin Division · W.D. Tex. · Texas bar guidance
Verified April 26, 2026
- Citation
- Holmes v. University of Texas at Austin, No. 1:24-CV-1135-RP, 2026 WL 297630 (W.D. Tex. Feb. 4, 2026)
- Decided
- February 4, 2026
Summary
Plaintiff's counsel Gary Bledsoe filed a Rule 59(e) motion for reconsideration citing a nonexistent Fifth Circuit case, "Harris v. City of Houston (5th Cir. 2022)," for the proposition that age discrimination claims require "age-specific references" but not direct replacement evidence. Judge Robert Pitman found the case did not exist and that the Fifth Circuit had never used the phrase "age-specific references." The motion also mischaracterized Hamilton v. Dallas County and Lenzi v. Systemax, contained verbatim repeated passages, and used incorrectly formatted citations, all hallmarks the court attributed to likely generative AI use.
- AI tool:
- Unspecified generative AI
What sanction did the court impose?
Motion for reconsideration and alternative motion for leave to amend denied. Counsel ordered to show cause in writing by February 11, 2026 why he should not be sanctioned under Rule 11(b) and Texas Disciplinary Rule 3.03(a)(1), with an in-person show cause hearing set for February 17, 2026.
Why does Holmes v. University of Texas at Austin matter for law firms using AI?
Holmes illustrates how AI misuse can surface not at the complaint stage but in post-judgment motion practice, when counsel under deadline pressure may lean on generative tools to refresh stale arguments. The order is also notable for its detailed taxonomy of AI tells the court relied on, including verbatim repeated paragraphs, mismatched section headings, and citation formatting that omits reporters or database identifiers. For firms documenting AI use policies, the opinion is a useful artifact: it reads as a checklist of failure modes a reasonable verification workflow would catch.
Sources
Further reading
- CourtListener docket search (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.