As reported in Law Technology News by Evan Koblentz, it appears we have our first case in which predictive coding has been completed.
Last April, as reported in this blog, in Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al, Virginia State Circuit Court Judge James H. Chamblin ordered that the defendants can use predictive coding for discovery in this case, despite the plaintiff’s objections that the technology is not as effective as human review. The order was issued after the defendants issued a motion requesting either that predictive coding technology be allowed in the case or that the plaintiffs pay any additional costs associated with traditional review. The defendant had an 8 terabyte data set that they were hoping to reduce to a few hundred gigabytes through advanced culling techniques.
According to the Law Technology News article, defense counsel at Schnader Harrison Segal & Lewis, and also at Baxter, Baker, Sidle, Conn & Jones, used OrcaTec’s Document Decisioning Suite technology and that OrcaTec will announce that the process is finished after plaintiff’s counsel at Jones Day did not object to the results by a recent deadline.
As reported in the article, eDiscovery analyst David Horrigan of 451 Research, expressed his surprise that Global Aerospace didn’t head in a different direction and wondered aloud why plaintiff’s counsel did not object to the results after initially objecting to the technology itself.
“It’s disappointing this issue has apparently been resolved on [plaintiff's] missed procedural deadline,” he said. “Not unlike the predictive coding vs. keyword search debate in Kleen Products being postponed, if this court deadline has really been missed, we’ve lost an opportunity for a court ruling on predictive coding being decided on the merits.”
For more about what predictive coding is and its effectiveness, here are a couple of previous posts on the subject. For other cases where predictive coding and other technology assisted review mechanisms have been discussed, check out this year end case summary from last week.
So, what do you think? Does this pave the way for more cases to use technology assisted review? Please share any comments you might have or if you’d like to know more about a particular topic.
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