McCarthy v. U.S. Drug Enforcement Administration
The case
McCarthy v. U.S. Drug Enforcement Administration, Third Circuit, No. 24-2704, precedential opinion filed March 27, 2026. Copy of primary document: `files/sources/D-136-mccarthy-v-dea.pdf`. Source URL: https://www.damiencharlotin.com/documents/1858/McCarthy_v._DEA_USA_27_March_2026.pdf
What happened
Attorney Daniel A. Pallen relied on AI-generated research summaries supplied to him by a non-attorney. Seven authorities were materially inaccurate and one did not exist. After the court flagged the problems, he failed to verify them, minimized the errors in a reply, and only investigated after further court intervention.
The rule and the sanction
The court found violations of Pennsylvania Rule of Professional Conduct 1.1 (competence) and Third Circuit Disciplinary Rule 2.1(d). It imposed a reprimand and directed the clerk to notify every other court where Pallen is admitted and the National Disciplinary Data Bank, providing a copy of the opinion.
How it could have been avoided
Verify AI output supplied by others, including non-attorneys, before filing. Investigate promptly when the court questions your authorities. Do not minimize errors in follow-up submissions to the court.