Category: Predictive Coding

  • Eighth Circuit Finds No Prejudice as to Exxon’s Late Document Production

    5 Jun 2017

    In Webb et. al. v. Exxon Mobil Corp. et. al., Case No. 15-2879 (8th Cir.,  May 11, 2017), a class action suit brought by landowners who entered into easement contracts with Exxon for the construction of a pipeline to transport oil from Texas to Illinois, Plaintiffs sued Defendants for breach

  • Court Rules that Predictive Coding Be Applied Prior to Search Terms For ESI Production

    5 May 2017

    FCA US, LLC v. Cummins, Inc., Case No. 16-12883 (E.D.  Mich., Mar. 28, 2017) is a dispute over the allocation of the cost incurred for an auto part that became the subject of a recall. Defendant part manufacturer was sued by Plaintiff vehicle manufacturer.  The engines manufactured by Defendant were

  • Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP?

    9 Jan 2017

    Parties Disagreed on the Outcome of a Three-Year Electronic Discovery Dispute Starting in 2013, the Commissioner of Internal Revenue has been embroiled in an electronic discovery dispute that may have finally been resolved in Dynamo Holdings Limited Partnership v. Commissioner of Interval Revenue, 143 T.C. 183 (2014). Petitioner in the

  • Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law

    3 Jan 2017

    In December 2015, the Amended Federal Rules of Civil Procedure went into effect. One of the updated amendments included FRCP 37(e), Failure to Preserve Electronically Stored Information. The amendment raised the requisite intent to have the court order spoliation sanctions, including an adverse inference instruction and terminating sanctions. Attorney fees

  • What are the Top eDiscovery Case Law Trends of 2016?

    16 Nov 2016

    Each week, our plaintiff electronic discovery firm publishes summaries of the top eDiscovery case law opinions and notes the trends taking place throughout the country. One trend we’ve seen this year includes the rise of requests for terminating sanctions for electronic discovery violations. Additionally, we continue to see more cases

  • Viagra/Melanoma MDL Court Declines to Force Pfizer to Use Predictive Coding

    2 Nov 2016

    In re Viagra Products Liability Litigation, 16-02691 (N.D. Cali., Oct. 14, 2016) is a multi-district litigation (MDL) against drug company Pfizer.  The litigation is based upon allegations of a correlation between anti-impotence drug Viagra and the incidence of melanoma in Viagra users. Fourteen separate lawsuits were consolidated into the California

  • U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry”

    21 Sep 2016

    Dynamo Holdings Limited Partnership et. al. v. Commissioner of Internal Revenue, Consolidated Case Nos. 2685-11 and 8393-12 (U.S. Tax Court, D.C., July 13, 2016) involves Petitioners’ disputes over adjustments to tax returns. During discovery, the government objected to Petitioners’ use of predictive coding (also called technology assisted review (TAR)) to

  • SDNY Declines to Force New York City to Use Predictive Coding

    17 Aug 2016

    In Hyles v. New York City et. al., Case No. 10-3119, 2016 U.S. Dist. LEXIS 100390 (S.D.N.Y. Aug. 1, 2016), Plaintiff, a black woman, was an employee of the City who was demoted with a salary reduction. She was replaced by a white male and sued Defendant for discrimination and

  • Judge Peck Appoints Special Master to Assist with Technology-Assisted Review

    7 Aug 2015

    In Rio Tinto Plc v. Vale S.A., Case No. 14-3042 (Jul. 15, 2015), New York Magistrate Judge Andrew J. Peck recently considered Defendant’s request that the court appoint a special master to assist the parties with their technology assisted review (TAR) process. In March, Judge Peck approved the parties’ proposed TAR protocol, titling his opinion “Predictive

  • Court Declines to Award Sanctions, Observing that Human Error Is Common During ESI Review

    13 Apr 2015

    The District of  Nebraska considered whether to grant Plaintiff’s Motion for Rule to Show Cause in Malone v. Kanter Ingredients, Inc., et al., No. 4:12CV3190 (D.Neb. Mar. 31, 2015). Plaintiff alleged that Defendants failed to follow the court’s eDiscovery order by failing to produce certain email communications and invoices. In advance of the