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April 24, 2012

Va. Judge Orders Predictive Coding

In what could be a milestone moment, a state judge in Virginia yesterday ordered that defendants can use predictive coding, despite plaintiff's objections that the technology is not as effective as purely human review.

In Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al, Loudoun County Circuit Judge James Chamblin wrote:

Judge"Having heard argument with regard to the Motion of Landow Aviation ... it is hereby ordered Defendants shall be allowed to proceed with the use of predictive coding for purposes of processing and production of electronically stored information."

Chamblin, in allowing 60 days for processing with "production to follow as soon as practicable and in no more than 60 days," continued:

"This is without prejudice to a receiving party raising with the court an issue as to the completeness of the contents of the production or the ongoing use of predictive coding."

There are many questions to ponder. Will a county court order have any impact on state or federal courts? What about impacting the current predictive coding controversies in the da Silva Moore and Kleen Products cases? Which software companies are involved? Can the plaintiffs take any further appeal action?

Update, 6:20 PM: The full story is now posted on Law Technology News.

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