Use of AI backfires on an expert witness at trial: "They have biases"

September 18, 2026 / 1:10 PM EDT / CBS News

Use of AI backfires on an expert witness at trial: "They have biases"

TL;DR

  • An expert witness in a Texas lawsuit allegedly used ChatGPT to create over 80% of his expert report for a multi-million dollar case.
  • Plaintiffs' attorneys discovered the extensive AI use through deposition and a citation overlay, questioning the report's integrity.
  • Legal experts highlight risks of AI in trials, including 'hallucinations' and biased outputs, potentially undermining testimony and evidence.
  • The expert witness defended his use of AI, stating it assisted with formatting and drafting after he had formed his opinions.
  • Despite 3M removing the expert from their witness list, the plaintiffs subpoenaed him, and the jury found 3M negligent, awarding $61.5 million.
  • The incident prompts calls for increased due diligence, disclosure of AI use, and fact-checking of AI-generated legal work.