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: Proportionality
Subscribe to Proportionality RSS FeedAdvocating Cooperation and Proportionality? Study the case law!
Posted in ProportionalityCo-authored by: Alberto Rodriguez In a prior post we noted that those seeking to achieve proportionality in the face of objection by an opponent, or a court’s lack of experience, should begin with the rules. The good news is that there is no shortage of case law doing just that. In other words, a party… Continue Reading
Advocating Proportionality? Start with the Rules!
Posted in ProportionalityYou are preparing to advocate a proportional approach to discovery in your case, including informed limits on the information that will be preserved, collected, reviewed and produced. But your opponent and the court are new to e-discovery in major litigation, and your opponent has resisted a meaningful early discussion of the myriad issues “that deserve… Continue Reading