Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive coding in the same space. The mere fact that predictive coding is an available tool doesn’t mean that it should be applied… Continue Reading
Category Archives: Predictive Coding
Subscribe to Predictive Coding RSS FeedJudge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore
Posted in Predictive CodingIn prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that… Continue Reading
Kleen Products Stipulation Resolves Request that Court Mandate Technology Assisted Review (for now)
Posted in Predictive Coding, TARAs discussed in prior posts, the Da Silva Moore case is not the only story in the saga of predictive coding, or technology-assisted review (TAR). We alerted you that a magistrate judge in the Northern District of Illinois was hearing expert testimony on the effectiveness TAR. The discovery disputes in Kleen Products LLC v. Packaging… Continue Reading
Learning and Teaching About Predictive Coding Are Not Bases for Recusal – More on Da Silva Moore
Posted in Predictive Coding, TARCo-Authored by: Judy Selby and Jessica Nutt In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding, as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to face demands for… Continue Reading
District Court Upholds Da Silva Moore Predictive Coding Order
Posted in Predictive Coding, TARContributing Authors: Gil Keteltas and Jessica Nutt Just as we were predicting that the disqualification side show in Da Silva Moore would “not prevent the district court from reaching the merits of the predictive coding dispute,” Judge Andrew Carter’s April 25th order adopted “Judge Peck’s rulings because they were well reasoned and they consider the… Continue Reading
New Horizons in Three Concurrent Cases: Predicting the Future of Predictive Coding
Posted in Predictive Coding, TARCo-authored by: Jessica Nutt Add a recent Virginia state court order to the growing list of orders regarding the use of technology assisted review (TAR)/predictive coding to reduce the burdens and costs – and, some would claim, to increase the accuracy — of review of electronically stored information (ESI). In a short order, half handwritten,… Continue Reading