In Re: Actos (Pioglitazone) Products Liability Litigation, MDL 6:11-md-2299 (2012)

July 27, 2012, United States Magistrate Judge Hanna Doherty of the Western District of Louisiana entered a case management order outlining a protocol that the parties must follow during discovery of electronically stored information (ESI). The judge ordered and detailed predictive coding methodology the parties must utilize.   The full text is available at http://pdfserver.amlaw.com… Open […]

Moore v. Publicis Groupe, 868 F. Supp. 2d 137, 2012 U.S. Dist. LEXIS 83659, 2012 WL 2218729 (S.D.N.Y. 2012)

This Opinion and Order arose from Plaintiffs’ Motion for Recusal or Disqualification asserting an appearance of partiality due to United States Magistrate Judge Andrew J. Peck’s prior advocacy of predictive coding in appropriate cases. It presents a very detailed analysis of the recusal standards.  The motion was denied because it was held untimely and meritless. […]

Matthew Nelson, Computer-Assisted Review “Acceptable in Appropriate Cases,” says Judge Peck in new Da Silva Moore eDiscovery Ruling

This is a comment of the federal case Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182 (2012). The author states what is the real meaning of the Da Silva ruling for him: “The Court did not order the use of predictive coding” … “Computer-assisted review is not required in all cases”… “Predictive coding technology […]

Monique Da Silva Moore v. Publicis Groupe & Msl Group, 287 F.R.D. 182 (2012)

Andrew J. Peck, United States Magistrate Judge “recognizes that computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases”. While making the point that “the best approach to the use of computer-assisted coding is to follow the Sedona Cooperation Proclamation model. Advise opposing counsel that you plan to use computer-assisted coding […]