+ Lawsuits test theory of AI liability.
 

The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

By Caitlin Tremblay

Good morning. Is ChatGPT a "product" or a "service"? Plus, the 1st Circuit will hear three Trump administration cases involving immigration, the First Amendment and LGBTQ+ rights; Cornell hired former Deputy AG Sally Yates to review its rape claims response; and what you need to know about the Paramount-Warner Bros merger. If this alien "phoenix planet” was born from the ashes of a dying star, we can survive Wednesday. Let’s get going.

Is ChatGPT a 'product' or a 'service'? A wave of lawsuits tests a theory of AI liability

 

REUTERS/Jordan Tovin

In the months before 16-year-old Adam Raine took his own life last year, ChatGPT allegedly encouraged him to act, advising him on how to hang a noose. His case is one of dozens pending against ChatGPT maker OpenAI that share a common legal theory: Product liability. OpenAI denies responsibility for the alleged harms, arguing that such claims require an injury caused by a "product" and that ChatGPT does not fit within the category of tangible goods traditionally covered by the doctrine. Jenna Greene dives into the novel questions raised by the wave of litigation in On the Case.

 
 

Coming up today

  • Immigration: The Trump administration will urge the 1st Circuit to overturn a ruling that blocked the IRS from sharing taxpayer addresses with ICE.
  • First Amendment: The Trump administration will also ask the 1st Circuit to overturn a ruling blocking it from disfavoring arts organizations deemed to be promoting "gender ideology" when deciding which ones should receive grants from the National Endowment for the Arts.
  • LGBTQ+: The Trump administration will urge the 1st Circuit to overturn rulings blocking the DOJ from obtaining via subpoenas records from Boston Children's Hospital and Rhode Island Hospital as part of a wide-ranging investigation into doctors and clinics that provide gender-affirming care to transgender youth.
  • Health: The 5th Circuit will take up a case filed by Mississippi-based McComb Children’s Clinic challenging Health Department non-discrimination protections under the Affordable Care Act which included protections for gender identity. The lower court dismissed the case as moot but the clinic argues that “sex stereotype” regulations continue to create regulatory overlap.
  • Criminal: An Alaska man is slated to be sentenced after pleading guilty to threatening to assault and murder six U.S. Supreme Court justices in hundreds of messages he sent through the court's website expressing disapproval of their rulings and actions.
  • Insider trading: Gannon Van Dyke, the U.S. soldier accused of gambling on the ouster of Venezuela's Nicolas Maduro using inside information, is due in court for a conference ahead of his trial. The case marks the first time the DOJ has filed insider trading charges involving a prediction market. The CFTC also filed civil charges against Van Dyke.
  • International: A two-day pre-trial hearing will begin today in the prosecution of British actor and comedian Russell Brand, who is due to stand trial on seven charges of rape and sexual assault relating to six women later this month.

Court calendars are subject to last-minute docket changes.

 

More top news

  • U.S. consumer watchdog examiners adopt lighter touch amid pressure and threats, sources say
  • Texas AG Paxton probes Fruit of the Loom, Hanes over potential toxic chemicals in children's underwear
  • Olympian cleared in vandalism case seeks watchdog probes of Trump's Reflecting Pool project
  • U.S. Senator Warren presses federal housing director to cooperate with probe
  • EPA air chief leaves agency after overseeing Trump regulatory rollback
 

Industry insight

  • U.S. Chief Justice John Roberts transferred a dispute between the Federal Circuit and its longest-serving judge Pauline Newman to a new federal appeals court, according to an ‌order published on Tuesday.
  • Kurt Olsen, a DOJ lawyer who has been a leading Trump administration proponent of false claims that the 2020 election was stolen, had his DOJ security clearance terminated last month after failing a polygraph test, according to two people familiar with the matter. Read more here.
  • The Trump administration asked a federal judge to allow the EEOC to withhold a “significant” amount of information related to its probe into the employment and diversity practices of major law firms. Read the filing.
  • Cornell University hired former Deputy Attorney General Sally Yates to conduct an independent review of how it prevents and responds to allegations of sexual assault, officials said Tuesday.
  • New York City