Judge Carter Adopts Magistrate Judge Peck’s Order Endorsing the Use of Predictive Coding

27 April 2012 - On April 26, 2012, in a ruling that had the potential to profoundly influence the use of predictive coding in the Southern District of New York, Judge Andrew L. Carter, Jr. instead took a measured and cautious approach. Judge Carter rejected plaintiffs’ objections to Magistrate Judge Andrew J. Peck’s much discussed endorsement of predictive coding in Da Silva Moore v. Publicis Groupe SA but did so on procedural grounds and stopped short of embracing predictive coding as a panacea for the mounting challenges of e-discovery.

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