Crucial Predictive Coding Case Law: Progressive V. Delaney
Law360, New York ( July 16, 2014, 12:32 PM EDT) -- In the weeks since Magistrate Judge Peggy Leen denied a late request to use predictive coding in a case before her, the e-discovery world is still abuzz over certain language included in her ruling. In the case in question, Progressive Casualty Insurance v. Delaney (D. Nev. May 20, 2014), Progressive had implicitly agreed to transparency when it agreed to partake in an extensive joint electronically stored information protocol, including detailed agreement on search terms. The court found that Progressive violated this agreement when it unilaterally reversed course and applied predictive coding. And for this dissonant approach to cooperation, it paid dearly. Any practitioner considering predictive coding[1] should fully consider the judge's reasoning and the potential pitfalls associated with failure to consistently cooperate....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
