Predictive coding will be used in the case of Monique da Silva Moore, et al. v. Publicis Group SA, et al. (Case No. 11-CV-1279), ruled U.S. District Court Judge Andrew Carter on April 26. The plaintiffs’ legal team had objected to the use of the computerized document review, and requested Peck’s recusal.
Wrote Carter: “Judge Peck concluded that under the circumstances of this particular case, the use of the predictive coding software as specified in the ESI [electronically stored information] protocol is more appropriate than keyword searching. The Court does not find a basis to hold that his conclusion is clearly erroneous or contrary to law.”
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