Nora v. M & A Transport, Inc.

CourtDistrict Court, E.D. Louisiana
DecidedAugust 13, 2025
Docket2:25-cv-01015
StatusUnknown

This text of Nora v. M & A Transport, Inc. (Nora v. M & A Transport, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nora v. M & A Transport, Inc., (E.D. La. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

WOODY NORA, CIVIL ACTION Plaintiff

VERSUS NO. 25-1015

M & A TRANSPORT, INC., SECTION: “E” (5) ET AL., Defendants

ORDER AND REASONS The Court ordered Laci N. Hamilton, counsel for the Plaintiff, to appear to show cause as to why she should not be sanctioned for her failure to comply with Federal Rule of Civil Procedure 11(b)(2) & (3) by signing and filing a written Motion to Transfer Venue1 without verifying the accuracy of three of the citations contained in the memorandum in support of the Motion2 and misrepresenting the origin of the citations in her reply3 memorandum in support of the motion.4 Ms. Hamilton appeared before the Court on Monday, August 4, 2025, at 3:00 p.m.5 BACKGROUND On June 30, 2025, Ms. Hamilton, on behalf of Plaintiff, signed and filed a Motion to Transfer Venue.6 On July 8, 2025, Defendants M & A Transport, LLS Leasing, Linda Stivason, and Mike Stivason (collectively, “Defendants”) filed an opposition to Plaintiff’s

1 R. Doc. 24. 2 Id. 3 R. Doc. 52. 4 R. Doc. 65. 5 R. Doc. 66. 6 R. Doc. 24. Motion to Transfer Venue.7 In this opposition, Defendants identified what they referred to as three “suspicious” citations.8 The first of these “suspicious” citations is Ms. Hamilton’s citation to Gallagher v. Wilton Enterprises, Inc., 962 F. Supp. 1162 (E.D. Pa. 1997). Ms. Hamilton cited Gallagher as a case in which “the Eastern District of Pennsylvania transferred a case filed in the

wrong district rather than dismissing it, applying principles of equitable tolling and observing that transfer avoids harsh outcomes based on technical filing errors.”9 The citation “962 F. Supp. 1162” corresponds to Kenro, Inc. v. Fax Daily, Inc. rather than Gallagher.10 Although Gallagher v. Wilton Enterprises, Inc. is the name of a reported opinion issued by the United States Court of Appeals for the First Circuit,11 neither Gallagher nor Kenro discuss venue transfer or equitable tolling. Second, Ms. Hamilton cited Mader v. Advanced Neuromodulation Sys., Inc., 2005 WL 1863181 (E.D. La. Aug. 3, 2005) as a case in which “this Court granted a transfer where venue was technically improper but the claim was timely filed, reasoning that dismissal would unfairly prejudice the plaintiff.”12 The Court’s research does not reveal any cases bearing the name Mader v. Advanced Neuromodulation Sys., Inc. The citation

“2005 WL 1863181” is for In re Yacavino, which is a New Jersey Supreme Court case on an attorney disciplinary matter.13 Third, Ms. Hamilton cited Krapf v. St. Luke’s Hosp., 4 A.3d 642 (Pa. Super. Ct. 2010) for the proposition that “Courts favor transferring such cases rather than

7 R. Doc. 33. 8 Id. at pp. 2-3. 9 R. Doc. 24 at p. 5. 10 962 F. Supp. 1162 (S.D. Ind. 1997). 11 962 F.2d 120 (1st Cir. 1992). 12 R. Doc. 24 at p. 4. 13 2005 WL 1863181 (N.J. 2005). dismissing them when doing so serves the interest of justice and avoids prejudice.”14 Krapf, a real case, does not address transfer of venue.15 On July 10, 2025, the Court issued an order setting oral argument on Plaintiff’s Motion to Transfer Venue and Defendant’s Motion to Dismiss Due to Improper Venue.16 On July 15, 2025, Ms. Hamilton, on behalf of Plaintiff, signed and filed a reply

memorandum in support of Plaintiff’s Motion to Transfer Venue.17 In this reply, Ms. Hamilton “acknowledge[d] the cited authorities were inaccurate and mistakenly verified using Westlaw Precision, an AI-assisted research tool, rather than Westlaw’s standalone legal database.”18 Ms. Hamilton further wrote that she “now understands that Westlaw Precision incorporates AI-assisted research, which can generate fictitious legal authority if not independently verified.”19 On July 21, 2025, the Court ordered Plaintiff’s counsel to “provide the Court with the AI-assisted research history that resulted in the three citations at issue in the Motion to Transfer.”20 On July 22, 2025, Ms. Hamilton filed a response to the Court’s July 21, 2025 order and attached her research history but, by her own admission, the research history does not include the incorrect citations.21 In her response, Ms. Hamilton admitted

that “[w]hile [the attached research] reflects research [that Ms. Hamilton] personally conducted in connection with this matter, it does not include the inaccurate citations at issue” because “[t]he Motion to Transfer (Doc. 24) was initially prepared as a

14 R. Doc. 24 at p. 5. 15 4 A.3d 642 (Pa. Super. Ct. 2010). 16 R. Doc. 46. 17 R. Doc. 52. 18 Id. at p. 9. 19 Id. 20 R. Doc. 59. 21 R. Doc. 60; R. Doc. 60-1. collaboration” and “the authorities in question were sent in an e-mail from another attorney in the firm.”22 On July 22, 2025, after Ms. Hamilton filed her response to the Court’s July 21, 2025 order, the Court ordered Plaintiff’s counsel to “provide to the Court for in camera review the AI-assisted research history performed by the lawyer who did the research.”23

Ms. Hamilton testified she was unable to provide the Court with this research history because the lawyer who produced the AI-generated citations is currently suspended from the practice of law in Louisiana.24 Ms. Hamilton did produce for the Court’s in camera review an email in which the now suspended lawyer sent Ms. Hamilton the AI-generated citations. On July 24, 2025, the Court held oral argument on Plaintiff’s Motion to Transfer Venue and Defendants’ Motion to Dismiss Due to Improper Venue.25 At the oral argument, Ms. Hamilton made an appearance for Plaintiff.26 After argument, the Court placed Ms. Hamilton under oath and questioned her regarding her usage of AI-assisted research.27 The Court asked Ms. Hamilton to explain the basis for her representation that Westlaw generated the fabricated citations.28 Ms. Hamilton stated that she “assumed”

Westlaw was the origin of the fabricated citations because she does all of her research on Westlaw. Ms. Hamilton agreed that Westlaw did not generate the fabricated citations. Ms. Hamilton confirmed that, at the time she filed the reply memorandum in support of

22 R. Doc. 60 at p. 1. 23 R. Doc. 61. 24 See In re Gray, 2025-00408, 2025 WL 1692055 (La. 6/17/25). 25 R. Doc. 64. 26 Id. 27 Id. 28 R. Doc. 52 at p. 9. Plaintiff’s Motion to Transfer Venue, she did not review her Westlaw research history to verify that Westlaw generated the fabricated citations. On July 28, 2025, the Court ordered that Ms. Hamilton “appear on Monday, August 4, 2025, at 3:00 p.m., and show cause as to why she should not be sanctioned for her failure to comply with Federal Rule of Civil Procedure 11.”29 On August 4, 2025, the

Court held a show cause hearing for Ms. Hamilton.30 LEGAL STANDARD Federal Rule of Civil Procedure 11 governs the signing of pleadings, motions, and other papers, representations to the Court, and sanctions. Rule 11(b) states that (b) By presenting to the court a pleading, written motion, or other paper-- whether by signing, filing, submitting, or later advocating it--an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances

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Related

Cooter & Gell v. Hartmarx Corp.
496 U.S. 384 (Supreme Court, 1990)
Kenro, Inc. v. Fax Daily, Inc.
962 F. Supp. 1162 (S.D. Indiana, 1997)
Krapf v. St. Luke's Hospital
4 A.3d 642 (Superior Court of Pennsylvania, 2010)
Snow Ingredients, Incorporated v. SnoWizard
833 F.3d 512 (Fifth Circuit, 2016)

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