June 1, 2026 (in 3 days): New York: 22 NYCRR Part 161 takes effect, system-wide AI policy for all UCS courts

Beedemariam Kassaw v. Wal-Mart Corporation

U.S. District Court, Western District of New York · W.D.N.Y. · New York bar guidance

Pro-se party

Conduct

Pro se plaintiff filed a sur-reply containing fabricated case citations the court attributed to apparent AI use.

Consequence

Memorandum at Dkt. 79 stricken; no monetary sanction or bar referral imposed.

Lesson

W.D.N.Y. is striking AI-tainted pro se filings without monetary sanctions; the procedural cost is the deterrent.

Court sanction

Verified May 7, 2026

Citation
Kassaw v. Wal-Mart Corp., No. 6:23-cv-06181 (W.D.N.Y. Mar. 30, 2026) (Wolford, C.J.)
Decided
March 30, 2026

Summary

Pro se plaintiff Beedemariam Kassaw filed a January 2026 memorandum/sur-reply (Dkt. 79) in his employment discrimination action against Wal-Mart. The court found the brief contained AI-generated "hallucinated cases," meaning fabricated case citations that did not exist. Chief Judge Elizabeth A. Wolford ordered Dkt. 79 stricken from the record. The order does not impose a monetary sanction or refer Kassaw for further discipline at this stage but flags the apparent AI use as the basis for striking the filing.

AI tool:
Implied (court found apparent use of generative AI; specific tool not identified on the record)
This case summary is informational only. Verify the underlying opinion or order against the primary source before relying on it in any filing or client matter.

What sanction did the court impose?

Memorandum/sur-reply at Dkt. 79 stricken. No monetary sanction imposed; no bar referral (pro se litigant).

Why does Beedemariam Kassaw v. Wal-Mart Corporation matter for law firms using AI?

Kassaw is a representative example of the W.D.N.Y. response pattern to apparent AI hallucinations in pro se filings: identify the suspect citations, find them non-existent, and strike the filing without escalating to monetary sanctions or disciplinary referral. Chief Judge Wolford’s order does not articulate a prospective AI disclosure rule for the case, so the impact is limited to the stricken sur-reply itself. For firms representing employers in W.D.N.Y. employment matters facing pro se plaintiffs, the case is a useful precedent for move-to-strike practice when an opposing brief shows AI-hallucination markers (case names that do not resolve in Westlaw, citations to non-existent reporter pages, quoted holdings absent from the cited opinions).

The order is brief and procedural. It is not a doctrinal expansion of the duty of candor or Rule 11; it is a docket-management order treating AI-generated fabrications as a sufficient basis to strike, full stop. Firms tracking the proliferation of AI sanctions across federal districts should classify this as a “strike-only” outcome rather than a sanctions outcome, distinct from cases like Park v. Kim (referral to grievance panel) or Mata v. Avianca (monetary sanctions plus client-disclosure order).

Implications for your firm

Operational steps a firm reading this case may wish to consider documenting. Strategic and rule-application calls belong to your firm's attorneys.

  • For W.D.N.Y. matters, anticipate that opposing pro se filings with apparent AI citations may be moved to strike and that Chief Judge Wolford has granted such motions.
  • Document a citation-verification step on any brief that may be challenged as AI-assisted; the cost of an AI-tainted filing is loss of the brief, not just embarrassment.

Sources

Primary sources

Further reading

Unverified claims:
  • Date discrepancy: R&G's tracker lists this order as 2026-03-31; Charlotin's database lists 2026-03-30. Used Charlotin date as the more granular primary record.
  • Order text was not extracted verbatim during this verification pass; Charlotin's CSV synopsis is the source for the substantive narrative. Re-extract from the PDF before quoting in any derivative content.
  • Specific AI tool used by plaintiff is not identified on the record; 'Implied' reflects the court's finding of apparent AI use rather than an on-the-record admission.