From McCaffery v NYU School of Law, decided yesterday by Judge John Murphy (E.D. Pa.): This is a defamation case. The challenged statements are recent, but they describe an earlier legal proceeding. The story begins in 2007, when Dontia Patterson was arrested and charged with murder in Philadelphia. His first trial, prosecuted by Assistant District Attorney Beth McCaffery, ended in a hung jury. His second jury trial, prosecuted by Assistant District Attorney Richard Sax, resulted in his conviction. Years later, Mr. Patterson’s convictions and related charges were vacated and he got a new trial. At this point, the Philadelphia District…

From Magistrate Judge Stephanie Christensen (C.D. Cal.) in Creditors Adjustment Bureau, Inc. v. All Season Power LLC, decided Feb. 13 but just posted on Westlaw: Both parties cited a non-existent case in their briefs. Specifically, after Plaintiff’s opposition and Defendant’s reply were filed, Plaintiff’s counsel filed a declaration providing that “certain quoted material set forth in Plaintiff’s brief … [wa]s not accurate, and in one instance, from a non-existent case.” The declaration identified four false citations comprising one non-existent case and three non-existent quotes from real cases. Plaintiff’s counsel further declared that “[i]t appears that some legal research that was…

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