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Lewis v. Entergy Mississippi, LLC

U.S. District Court, Southern District of Mississippi, Northern Division · S.D. Miss. · Mississippi bar guidance

Court sanction

Verified April 26, 2026

Citation
Lewis v. Entergy Mississippi, LLC, No. 3:25-cv-323-HTW-ASH (S.D. Miss. Sept. 3, 2025)
Decided
September 3, 2025

Summary

Magistrate Judge Andrew S. Harris issued a sua sponte order to show cause against plaintiff Blake Lewis's counsel after identifying multiple defective citations in the opposition brief to Entergy's motion to stay. The order flags a fabricated authority, "Matherne v. Cytec Corp., 78 F. App'x 977 (5th Cir. 2003)," which the court could not locate in Westlaw, LexisNexis, vLex Fastcase, or Google Scholar; the cited reporter page actually contains an unrelated criminal appeal. The order also flags "Von Drake v. Nat'l Sec. Agency, 156 F.3d 181, 1998 WL 546172 (5th Cir. 1998)," which does not exist at the cited locations, and Fujita v. United States, 416 F. App'x 400 (5th Cir. 2011), cited for a holding directly contrary to the actual opinion (which affirmed a stay rather than reversing one).

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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?

Counsel who signed the brief was ordered to file a written response and declaration under penalty of perjury by September 12, 2025, showing good cause why sanctions should not issue under Federal Rule of Civil Procedure 11(b), Mississippi Rule of Professional Conduct 3.3, Local Rule 83.1(c)(1), or the court's inherent authority. Co-counsel were permitted to join the response and address Mississippi Rule 5.1 supervisory duties.

Why does Lewis v. Entergy Mississippi, LLC matter for law firms using AI?

The Lewis order is notable for two reasons firms should track. First, the court identified the same counsel making contradictory uses of Fujita on the same day in a related case, Dyess v. Entergy Mississippi, No. 3:25-cv-326-CWR-ASH, suggesting the citation problems were systemic across the firm’s filings rather than an isolated lapse. Second, Judge Harris expressly invoked Mississippi Rule 5.1 in inviting co-counsel to address supervisory responsibility, a reminder that managing partners and supervising attorneys are exposed when associates file AI-generated work.

Sources

Primary sources

Further reading

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.