Three recent cases have taken the spotlight in the eDiscovery world, lauded as groundbreaking for their approval of predictive coding. This blog is no exception, having contributed to the commotion, particularly that surrounding Monique da Silva Moore, et. al. v. Publicis Group SA, et al.
In Da Silva Moore, the parties initially agreed to use predictive coding (although they never agreed to all of the details) and Magistrate Judge Peck allowed its use. Plaintiffs have since attacked Judge Peck and most recently formally sought his recusal from the matter. That request is currently pending. Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles, is the most recent case to address predictive coding, and it goes a step further than Da Silva Moore. In
Global Aerospace, the defendants wanted to use predictive coding themselves, but plaintiffs objected. Virginia County Circuit Judge James H. Chamblin, ordered that Defendants could use predictive coding to review documents. Like Da Silva Moore, the court did not impose the use of predictive coding, rather, the court allowed a party to use it upon request.
Kleen Prods., LLC v. Packaging Corp. of Am. goes the furthest, and is perhaps the most interesting of the three predictive coding cases because it is different than Da Silva Moore and Global Aerospace in one very important way: the plaintiffs in Kleen are asking the court to force the defendants to use predictive coding when defendants review their own material. The court has yet to rule on the issue.
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Source: eDiscovery News
By: Brandon D. Hollinder