The Expert RecordThe standard for expert witnesses using AI

Maintained reference

The case record

Every matter the book describes, identified in full, with the disposition, the current posture, and the date each entry was last checked.

No chapter in the book names a case. This is where the matters described in those chapters are identified, so a reader who wants the underlying material can find it.

The book describes 11 matters. Of those, 9 are identified below from the order or opinion itself, read in full. The book's appendix lists only those, because it identifies nothing on the authority of secondary reporting. The rest are here, marked pending, with no facts stated beyond what the court's own records confirm, until the primary document has been read. Every row carries the date it was last checked.

Matters reported in the press but not yet read in the original, and matters outside the book's subject, are recorded separately in AI in the Courtroom. Every entry there states whether the primary document was read, so the two tiers never mix.

The index

Matters described in The Expert Record, with current status
ChapterMatterCourt DateStatusChecked
1, 22Watson Grinding explosion litigation (Harris County, Texas)Harris County, Tex. (state court)Pending verification against the primary document2026-10-08
2In re Celsius Network LLCBankr. S.D.N.Y.November 9, 2023Final; no appeal of the evidentiary ruling located2026-09-28
2, 5, 16Matter of WeberN.Y. Sur. Ct., Saratoga CountyOctober 10, 2024Final at trial level; no appeal located as of 2026-09-112026-09-28
2Kohls v. EllisonD. Minn.January 10, 2025Preliminary injunction denial affirmed by the 8th Circuit (February 9, 2026); rehearing en banc denied; exclusion not addressed on appeal2026-10-08
2, 24Jackson v. NuVasive, Inc.D. Del.March 14, 2025Pending verification against the primary document2026-09-11
2Ferlito v. Harbor Freight Tools USA, Inc.E.D.N.Y.April 23, 2025Expert permitted to testify; later history not located as of 2026-09-112026-09-11
2Concord Music Group, Inc. v. Anthropic PBCN.D. Cal.May 23, 2025Discovery ruling; underlying copyright case ongoing as of 2026-09-112026-09-28
2In re Valsartan, Losartan, and Irbesartan Products Liability Litigation (Roberts bellwether)D.N.J.September 3, 2025Moot in the bellwether case after summary judgment for defendants on other grounds2026-09-28
2, 10, 22LeDoux v. Outliers, Inc.W.D. Wash.July 24, 2026Judgment entered 2026-08-18; no notice of appeal on the docket as of 2026-09-142026-09-17
3, 17In re OpenAI, Inc. Copyright Infringement Litigation (The New York Times Co. v. Microsoft Corp.)S.D.N.Y.May 13, 2025Litigation ongoing as of 2026-09-11; the ongoing preservation obligation ended as of 2025-09-262026-09-11
3, 18, 19Conservation Law Foundation, Inc. v. Shell Oil Co.D. Conn.May 18, 2026Rule 72(a) objection fully briefed since 2026-06-29 and undecided; order stayed as of 2026-09-172026-09-28

Index last reviewed 2026-10-08.

The matters

Each matter is stated in the same order: where the book describes it, the court and docket, what the professional did, what the tribunal did, and where it stands. Where a matter also has a fuller entry in AI in the Courtroom, the link is given.

Watson Grinding explosion litigation (Harris County, Texas)

Described in
Chapters 1, 22
Status
The trial the first chapter describes has not yet been identified from a court record. The caption and cause number reported in the press have not been confirmed against the docket, so they are not given here. The matter as reported is recorded in AI in the Courtroom under the reported tier.
Full entry
Watson Grinding Trial: 3M Expert's ChatGPT Logs
Checked
2026-10-08

In re Celsius Network LLC

Described in
Chapter 2
Court
U.S. Bankruptcy Court for the Southern District of New York
Docket
No. 22-10964 (MG), 655 B.R. 301
Judge
Chief Judge Martin Glenn
Date
November 9, 2023
What the professional did
An objector's valuation expert directed an AI system to write a 172-page report, which was generated within 72 hours.
What the tribunal did
Excluded the report as unreliable and admitted the expert's live testimony.
Posture
Final; no appeal of the evidentiary ruling located
Primary document
Memorandum Opinion Approving the CEL Token Settlement (read)
Full entry
In re Celsius: AI-Written Expert Report Excluded
Checked
2026-09-28

Matter of Weber

Described in
Chapters 2, 5, 16
Court
Surrogate's Court of the State of New York, Saratoga County
Docket
File No. 1845-4/B; 2024 NY Slip Op 24258
Judge
Surrogate Jonathan G. Schopf
Date
October 10, 2024
What the professional did
A damages expert used Microsoft Copilot to cross-check his calculations and could not recall his prompts. The court ran a query on its own computers and received different results each time.
What the tribunal did
Rejected the expert's analysis, denied the objections, and announced a disclosure and Frye hearing requirement for AI-generated evidence.
Posture
Final at trial level; no appeal located as of 2026-09-11
Primary document
Decision, 2024 NY Slip Op 24258 (read)
Full entry
Matter of Weber: Copilot Damages Calculations
Checked
2026-09-28

Kohls v. Ellison

Described in
Chapter 2
Court
U.S. District Court for the District of Minnesota
Docket
No. 0:24-cv-03754 (LMP/DLM), ECF 46
Judge
Laura M. Provinzino
Date
January 10, 2025
What the professional did
The State's expert used GPT-4o while drafting a declaration that cited two articles that do not exist.
What the tribunal did
Excluded the declaration and denied leave to file a corrected one. No sanctions were imposed.
Posture
Preliminary injunction denial affirmed by the 8th Circuit (February 9, 2026); rehearing en banc denied; exclusion not addressed on appeal
Primary document
Order on motion to exclude expert testimony (ECF 46) (read)
Full entry
Kohls v. Ellison: Expert Declaration Excluded
Checked
2026-10-08

Jackson v. NuVasive, Inc.

Described in
Chapters 2, 24
Court
U.S. District Court for the District of Delaware
Docket
No. 1:21-cv-00053-RGA, D.I. 443
Judge
Richard G. Andrews
Date
March 14, 2025
Status
The memorandum opinion excluding a damages expert who relied on proprietary patent-analytics scores has been located on the court's index, but the available copies are scanned images and it has not yet been read in full. Its disposition is not stated here until it has been.
Checked
2026-09-11

Ferlito v. Harbor Freight Tools USA, Inc.

Described in
Chapter 2
Court
U.S. District Court for the Eastern District of New York
Docket
No. 2:20-cv-05615 (GRB) (SIL)
Judge
Gary R. Brown
Date
April 23, 2025
What the professional did
A product-design expert asked ChatGPT a question after completing his report, and the answer matched his opinion.
What the tribunal did
Denied the motion to exclude.
Posture
Expert permitted to testify; later history not located as of 2026-09-11
Primary document
Memorandum of Decision and Order (read)
Full entry
Ferlito v. Harbor Freight: ChatGPT Check Allowed
Checked
2026-09-11

Concord Music Group, Inc. v. Anthropic PBC

Described in
Chapter 2
Court
U.S. District Court for the Northern District of California
Docket
No. 5:24-cv-03811-EKL (SVK), Dkt. 377
Judge
Magistrate Judge Susan van Keulen
Date
May 23, 2025
What the professional did
Counsel used Claude.ai to format citations in a sampling expert's declaration, and it gave a real article a wrong title and wrong authors.
What the tribunal did
Struck paragraph 9 of the declaration and found the error undermined its credibility. No sanctions were imposed.
Posture
Discovery ruling; underlying copyright case ongoing as of 2026-09-11
Primary document
Order on Joint Discovery Submissions (Dkt. 377) (read)
Full entry
Concord v. Anthropic: The Chen Declaration
Checked
2026-09-28

In re Valsartan, Losartan, and Irbesartan Products Liability Litigation (Roberts bellwether)

Described in
Chapter 2
Court
U.S. District Court for the District of New Jersey
Docket
MDL No. 2875; No. 1:20-cv-00946, Dkt. 3167
Judge
Special Master Thomas I. Vanaskie (Ret.)
Date
September 3, 2025
What the professional did
A toxicology expert's report cited non-existent sources after he used an AI tool without verifying them.
What the tribunal did
The special master denied the motion to exclude, leaving the citation problem to costs and cross-examination.
Posture
Moot in the bellwether case after summary judgment for defendants on other grounds
Primary document
Special Master Order (Dkt. 3167) (read)
Full entry
Valsartan MDL: Expert Kept Despite AI Citations
Checked
2026-09-28

LeDoux v. Outliers, Inc.

Described in
Chapters 2, 10, 22
Court
U.S. District Court for the Western District of Washington
Docket
No. 3:24-cv-05808-TMC, Dkts. 202, 265, 269
Judge
Tiffany M. Cartwright
Date
July 24, 2026
What the professional did
Plaintiff's counsel generated a citation table with an AI system and gave it to two experts, who attached it to their signed reports. A third expert's report contained fabricated citations.
What the tribunal did
Sanctioned counsel personally $3,000 (Dkt. 265, July 24, 2026). The two reports carrying the table had already been struck as untimely (Dkt. 202). Excluded the third expert and dismissed the remaining claims with prejudice (Dkt. 269, August 18, 2026).
Posture
Judgment entered 2026-08-18; no notice of appeal on the docket as of 2026-09-14
Primary document
Order on Sanctions (Dkt. 265) (read)
Full entry
LeDoux v. Outliers: AI Citation Table in Expert Reports
Checked
2026-09-17

In re OpenAI, Inc. Copyright Infringement Litigation (The New York Times Co. v. Microsoft Corp.)

Described in
Chapters 3, 17
Court
U.S. District Court for the Southern District of New York
Docket
No. 1:25-md-03143-SHS-OTW; No. 1:23-cv-11195-SHS-OTW, ECF 551, 712, 922
Judge
Magistrate Judge Ona T. Wang; District Judge Sidney H. Stein
Date
May 13, 2025
What the professional did
Not an expert matter. In copyright litigation against an AI provider, the court addressed whether the provider must keep user conversation logs that would otherwise be deleted.
What the tribunal did
Directed OpenAI to preserve and segregate output log data "that would otherwise be deleted on a going forward basis" (ECF 551, May 13, 2025). Judge Stein denied OpenAI's objection on June 26, 2025 (ECF 712). A stipulated order filed October 9, 2025 ended the ongoing obligation as of September 26, 2025, while data already segregated remained preserved (ECF 922).
Posture
Litigation ongoing as of 2026-09-11; the ongoing preservation obligation ended as of 2025-09-26
Primary document
Order of May 13, 2025 (ECF 551) (read)
Checked
2026-09-11

Conservation Law Foundation, Inc. v. Shell Oil Co.

Described in
Chapters 3, 18, 19
Court
U.S. District Court for the District of Connecticut
Docket
No. 3:21-cv-00933, ECF 970
Judge
Magistrate Judge Thomas O. Farrish
Date
May 18, 2026
What the professional did
An expert's team used a generative AI system to cull the defendants' document production. The parties' agreement limited discovery of expert notes and drafts.
What the tribunal did
Ordered the plaintiff to revise its discovery responses to disclose the AI prompts and queries used by the expert or her team, treating them as part of the expert's methodology.
Posture
Rule 72(a) objection fully briefed since 2026-06-29 and undecided; order stayed as of 2026-09-17
Primary document
Order granting motion to compel (ECF 970) (read)
Full entry
CLF v. Shell: An Expert's AI Prompts Ordered Produced
Checked
2026-09-28

How entries are written

Each entry states the caption, the court, the date, what the professional did, and what the tribunal did. No entry characterizes a holding. That discipline is the book's and it applies here with more force, not less, because this page will be read by people who have not read the surrounding argument.

Where a matter is on appeal, subject to an unresolved objection, or has been distinguished or superseded, the entry says so and gives the date. An entry with a stale check date is worse than no entry, so every row carries one.

What this page is not

It is not a research database, it does not purport to be complete beyond the matters the book describes, and nothing on it is legal advice. Whether any of it bears on your matter is a question for counsel.

Reading a new decision in this area

Four things are worth extracting, and the rest can be ignored. What the professional actually did, in sequence. What the tribunal did about it — the disposition, not the reasoning as characterized by whoever is describing it. Which durable principle it engaged. And whether it is final, because appeals and objections are routine and a great deal of commentary is written about orders that do not survive.

What to ignore is the characterization in the commentary. A dozen alerts summarizing one order is one source, not twelve.

What the decided matters actually show

The reported matters divide into a small number of recurring fact patterns, and holding them apart is more useful than counting outcomes. In the largest group a filing contained citations to authorities that do not exist. In a second group the analysis underlying an opinion could not be reproduced, because the method was a conversation rather than a procedure. In a third the material submitted to a system was material the submitter was not free to submit. In a fourth — the smallest and the most instructive — nothing was wrong with the work and the dispute was entirely about what the record showed.

Two observations run across all four, and both are in the book. Consequences have fallen overwhelmingly on the lawyers who signed filings rather than on the experts whose work they relied on, for the straightforward reason that certification obligations attach to the signature. And the objection that succeeds is almost never a system was used; it is that a specific step which required the professional's own judgment was performed somewhere the professional cannot account for.

Why so few entries, and why that is deliberate

An entry appears here when the order or opinion has been read in full. That is slower than reading the alerts, and it is the only method under which the page can say what it says. A reference built from secondary summaries inherits every error in them, and the errors in this area are systematic: orders get described by their most quotable line, unresolved objections get reported as holdings, and a magistrate's recommendation gets reported as a decision.

Entries are removed as well as added. A matter that is vacated, reversed, or withdrawn does not stay on the page with a footnote; it comes off, with the removal noted in the errata, because a reference that only accumulates is a reference that slowly becomes wrong.

How to use an entry

Read the underlying document. The entry exists to help you find it and to tell you whether it is still good, and it is not a substitute for the thing itself. Anyone relying on a one-line description of an order — including this one — is relying on a summary written by someone who does not know what your matter needs from it.

Then read it for conduct rather than for rule. What transfers across courts, jurisdictions, and disciplines is the sequence of things a professional did and the point at which that sequence became indefensible. What does not transfer is the disposition, which turns on procedural posture, the record before that tribunal, and what was actually argued — none of which will match your situation.

And check the date on the row. Every entry carries the date it was last checked against the primary document rather than the date it was added, because those are different facts and only one of them tells you whether the entry is currently true.

Most federal orders can be retrieved from PACER, and many federal and state opinions are free on CourtListener, a public archive of court opinions and dockets run by the Free Law Project. Where an entry here gives a docket number, that is the fastest way to the document itself.

Terms used in the entries

Disposition is what the tribunal did — granted, denied, struck, sanctioned, deferred — stated in the tribunal's own terms rather than paraphrased. Posture is where the matter stands now: final, on appeal, under an unresolved objection, remanded, withdrawn, or settled. Checked is the date a person last opened the primary document and confirmed the row against it.

Where a field is blank, it is genuinely unknown rather than not yet typed. A record of this kind is only useful if the difference between no and not established survives onto the page, and blanks are how that difference is carried.

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