Prososki v. Regan
Nebraska Supreme Court · Neb. Sup. Ct. · Nebraska bar guidance
Verified September 28, 2026
- Citation
- Prososki v. Regan, 321 Neb. 38, No. S-25-295 (Neb. Mar. 20, 2026)
- Decided
- March 20, 2026
Summary
Dissolution-of-marriage appeal in which appellant Jason C. Regan was represented by W. Gregory Lake of Plains Legal Group. The Nebraska Supreme Court found the appellate brief contained numerous fictitious case citations, real cases with fabricated quotations, real cases with mischaracterized holdings, and Nebraska statutes and court rules with fabricated quotations. The court itemized the problematic authorities in a chart, including the repeatedly cited fictitious 'Kennedy v. Kennedy, 27 Neb. App. 510, 934 N.W.2d 57 (2019)' (a real case name from an unpublished memorandum opinion paired with a fabricated reporter cite, holding, and quotations), Miller v. Miller and State v. Stricklin (entirely fictitious), and real cases such as Simons v. Simons, Hotz v. Hotz, Bergmeier v. Bergmeier, Garza v. Garza, and Parde v. Parde with fabricated quotations and holdings. Counsel attributed the errors to 'sloppy' copy-pasting from Westlaw and a cracked laptop screen, denied using AI, and submitted a replacement brief that the court found made no substantive corrections.
- AI tool:
- AI (unspecified; appellant's counsel denied AI use, but appellee asserted the brief's nonexistent and inaccurate citations were the product of generative AI)
What sanction did the court impose?
The Nebraska Supreme Court, in a per curiam opinion issued March 20, 2026, struck appellant's brief, dismissed the appeal, and referred counsel to the Counsel for Discipline of the Nebraska Supreme Court to investigate the filing of a brief 'rife with fictitious and misrepresented authority,' after discussing potential violations of Neb. Ct. R. of Prof. Cond. Sec. 3-501.1 (competence), 3-501.3 (diligence), 3-503.1 (meritorious claims), 3-503.3 (candor toward the tribunal), and 3-508.4(c) (dishonesty/misrepresentation). On the cross-appeal, the court affirmed the district court's decree of dissolution. Stacy, J., filed a concurrence. The court held that submission of fictitious authority, 'whether through generative AI or not,' is resolvable under existing rules of professional conduct and that 'conscious avoidance' or failure to verify satisfies the 'knowingly' element of the candor duty.
Why does Prososki v. Regan matter for law firms using AI?
Prososki v. Regan addressed what the court called a novel issue for Nebraska courts: an appellate brief riddled with fictitious citations. The court struck the entire brief, dismissed the appeal, and referred counsel to the Counsel for Discipline. The opinion emphasizes that “whether using AI or not, the obligations of candor, competency, diligence, and making good faith arguments remain the same,” and that “conscious avoidance” or failing to verify cited authority satisfies the “knowingly” requirement of the duty of candor toward the tribunal.
Sources
Primary sources
Further reading
- News reports (WOWT, April 9, 2026, and later legal-news coverage) state that the Counsel for Discipline sought a temporary suspension of attorney W. Gregory Lake and that the Nebraska Supreme Court suspended him in April 2026. No suspension order has been located on a primary source: the Nebraska Judicial Branch's Attorney Sanctions list, checked 2026-09-28, does not include Lake. Until an order is found, any suspension remains unverified and is not stated in this entry.