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<B><I>BREAKING NEWS:</b></i> <b>Judge Peck's Predictive Coding Decision in Da Silva Moore OK'd</b>
Predictive coding software will be used in the case of Monique da Silva Moore, et al. v. Publicis Group SA, et al, U.S. District Court Judge Andrew Carter ruled on April 25. (A PDF of the Opinion & Order available at http://bit.ly/IhzJgu.) Da Silva Moore's legal team had objected to the use of the computerized document review technology, going so far as to request Peck's recusal.
'Judge Peck concluded that under the circumstances of this particular case, the use of the predictive coding software as specified in the ESI protocol is more appropriate than keyword searching,' Carter wrote. 'The Court does not find a basis to hold that his conclusion is clearly erroneous or contrary to law. Thus, Judge Peck's orders are adopted and Plaintiffs' objections are denied.'
In explaining the decision, Carter wrote: 'There simply is no review tool that guarantees perfection. The parties and Judge Peck have acknowledged that there are risks inherent in any method of reviewing electronic documents. Manual review with keyword searches is costly, though appropriate in certain situations. However, even if all parties here were willing to entertain the notion of manually reviewing the documents, such review is prone to human error and marred with inconsistencies from the various attorneys determination of whether a document is responsive.'
Evan Koblentz is a reporter for our ALM affiliate Law Technology News. He can be reached at [email protected].
Predictive coding software will be used in the case of Monique da Silva Moore, et al. v. Publicis Group SA, et al, U.S. District Court Judge Andrew Carter ruled on April 25. (A PDF of the Opinion & Order available at http://bit.ly/IhzJgu.) Da Silva Moore's legal team had objected to the use of the computerized document review technology, going so far as to request Peck's recusal.
'Judge Peck concluded that under the circumstances of this particular case, the use of the predictive coding software as specified in the ESI protocol is more appropriate than keyword searching,' Carter wrote. 'The Court does not find a basis to hold that his conclusion is clearly erroneous or contrary to law. Thus, Judge Peck's orders are adopted and Plaintiffs' objections are denied.'
In explaining the decision, Carter wrote: 'There simply is no review tool that guarantees perfection. The parties and Judge Peck have acknowledged that there are risks inherent in any method of reviewing electronic documents. Manual review with keyword searches is costly, though appropriate in certain situations. However, even if all parties here were willing to entertain the notion of manually reviewing the documents, such review is prone to human error and marred with inconsistencies from the various attorneys determination of whether a document is responsive.'
Evan Koblentz is a reporter for our ALM affiliate Law Technology News. He can be reached at [email protected].
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