In Monique da Silva Moore v. Publicis Groupe and MSLGroup before the U.S. District Court for the Southern District of New York, Magistrate Judge Andrew Peck denied on Monday an amicus curiae or friend-of-the-court brief filed in support of the plaintiffs’ motion for recusal.
In Da Silva Moore, Peck is on the cusp of probing the reliability of predictive coding. Predictive coding is evolving in the computer lab and the courts with an aim to provide litigants an alternative to the time and cost of manual review of large document sets, such as the Enron data set. The promising technology’s reliability and defensibility are still being worked out in the courts, but the Da Silva Moore plaintiffs would rather see Peck observe, rather than preside over, the case’s e-discovery phase.
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