First ever ruling on predictive coding

http://ow.ly/avIlX

An article posted on the Orange Rag Law Blog, no author credit provided.

This article discusses a case involving Global Aerospace, and looks at a court order that requires the parties to utilize predictive coding technology for the attorney review phase of litigation.

The article states, "On Monday 23rd April, Judge James H. Chamblin of the Circuit Court of Loudoun County, Virginia, issued the first known order authorizing the use of predictive coding methods over the objections of opposing counsel. This ruling will allow the defendants in Global Aerospace Inc. v. Landow Aviation Limited Partnership, et al., No. 61040, and nine other consolidated cases, to use predictive coding technology to cull large quantities of electronically stored information (ESI), distilling them down to a reasonable volume."

The article further mentions, "“We were very pleased to be able to show the scientific accuracy of predictive coding to a court in a formal hearing setting,” said Dr. (Herbert) Roitblat. “Keyword searching seems to be perfectly acceptable to attorneys, even though several studies have focused on its inaccuracy. If keyword searching with 20 percent proven accuracy is okay, how can predictive coding with more than 90 percent demonstrable accuracy be unacceptable? I see this as the first step in that mental barrier coming down for lawyers.”

The court ordered: “Defendants shall be allowed to proceed with the use of predictive coding for purposes of the processing and production of electronically stored information. . . . This is without prejudice to a receiving party raising with the Court an issue as to completeness or the contents of the production or the ongoing use of predictive coding.”"