OpenAI has asked a federal judge to dismiss a lawsuit alleging it gave unauthorised legal advice, arguing that its generative artificial intelligence platform ChatGPT is not a lawyer and does not practice law.
In a filing on Friday in federal court in Chicago, OpenAI said there were no grounds to support a lawsuit by Nippon Life Insurance Company claiming ChatGPT helped a disability plaintiff breach a settlement while flooding a federal court docket with meritless filings.
"ChatGPT is not a person and neither has nor uses any degree of legal knowledge or skill," OpenAI said in its filing.
The case comes as more self-represented litigants are using generative AI tools to draft and file court papers, a trend federal judges say is on the rise. Nippon's lawsuit is among the first to accuse a major AI platform of engaging in the unauthorized practice of law.
OpenAI and a lawyer for Nippon did not immediately respond to requests for comment.
The insurer's lawsuit stems from a dispute with a former employee, Graciela Dela Torre, who had previously sued Nippon over long-term disability benefits. Dela Torre settled the case in 2024.
Nippon said in its lawsuit that Dela Torre filed a new case and used ChatGPT to inundate the court with dozens of AI-drafted motions and notices that the company contends served "no legitimate legal or procedural purpose."
OpenAI countered that "Nippon’s apparent frustration with having to defend a pro se lawsuit is no basis to hold OpenAI liable."
OpenAI described ChatGPT as "a helpful tool and research aid that advances access to justice in courts" and said users agree not to rely on its content as a substitute for professional advice.
"Dela Torre was entitled to represent herself against Nippon and was entitled to use ChatGPT as a tool to do so," OpenAI told the court. "Whether she made appropriate arguments is a question of her actions, and was for the district court judge presiding over her cases to decide."
