Wikis > Resources
With the help of volunteer research attorneys, CTRL maintains a comprehensive database of predictive coding opinions and case management orders. This wiki is sortable on a number of key metrics like date, judge, and jurisdiction and each entry links to a pdf download page.
| Case name | Date | Jurisdiction | Judge | LexisNexis Citation | Westlaw Citation | Key Holdings / Quotes |
|---|---|---|---|---|---|---|
| In Re Biomet M2A Magnum Hip Implant Products Liability Litig. (In Re Biomet III), No. 3:12-md-2391 (N.D. Ind. Dec. 10, 2013). | 12/10/2020 | Indiana - Northern District | Robert L.Miller | Refusing to appoint a special master to handle discovery challenges related to predictive coding. | ||
| Good v. American Water Works Co., Inc, No. 2:14-cv-01374, 2014 WL 5486827 (S.D.W. Va. Oct. 29, 2014). | 10/29/2014 | Virginia - Western District | John T. Copenhaver, Jr. | 2014 U.S. Dist. LEXIS 154788 | 2014 WL 5486827 | Endorsing and encouraging the use of computer-assisted privilege review in 502(d) order. |
| EORHB v. HOA Holdings, No. 7409-VCL, 2012 WL 4896670 (Del. Ch. Ct. Oct. 15, 2012). | 10/15/2012 | Delaware - Chancery Court | J. Travis Laster | 2012 WL 4896670 | "This seems to me to be an ideal non-expedited case in which the parties would benefit from using predictive coding. I would like you all, if you do not want to use predictive coding, to show cause why this is not a case where predictive coding is the way to go.” | |
| Arnett v. Bank of Am., No. 3:11-cv-1372, 2014 U.S. Dist. LEXIS 130903 (D. Or. Sept. 18, 2014). | 09/18/2014 | Oregon - Federal District | Michael H. Simon | 2014 U.S. Dist. LEXIS 130903 | Noting that class counsel "produced more than 1.1 million documents comprising more than 4 million pages . . . using search terms, predictive coding, and manual review methods." The court went on to award class counsel $7.750 million in attorney fees and $736,294.42 for litigation costs (including discovery). | |
| Dynamo Holdings v. Comm'r, No. 2685-11, 143 T.C. No. 9 (2014). | 09/17/2014 | Tax Court | Ronald Buch | 2014 U.S. Tax Ct. LEXIS 40 | 2014 WL 4636526 | Approving the use of predictive coding and observing that parties do not need to ask for permission to use PC. |
| United States v. Univ. of Neb. at Kearny, No. 4:11-cv-3209, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). | 08/25/2014 | Nebraska - Federal District | Cheryl R. Zwart | 2014 U.S. Dist. LEXIS 118073 | 2014 WL 4215381 | Defendant used predictive coding to produce the first round of documents and the opposition made a motion to compel additional documents. The defendant argued for cost-shifting for additional production, but the court held that the MTC was facially over-broad and so did not reach the issue of cost-shifting. |
| In Re Biomet M2A Magnum Hip Implant Products Liability Litig. (In Re Biomet II), No. 3:12-md-2391, 2013 WL 6405156 (N.D. Ind. Aug. 21, 2013). | 08/21/2013 | Indiana - Northern District | Robert L.Miller | 2013 U.S. Dist. LEXIS 172570 | 2013 WL 6405156 | Refusing to order the producing party to identify seed set documents and how they were coded. |
| Kleen Products v. Packaging Corp. of Am., No. 10 C 5711, 2012 WL 4498465 (N.D. Ill. Aug. 21, 2012). | 08/21/2012 | Illinois - Northern District | Nan Nolan | 2012 U.S. Dist. LEXIS 139632 | 2012 WL 4498465 | Declining to order a party to "do-over" production with predictive coding. |
| In re Bridgepoint Educ., Inc., No. 12-cv-1737 JM JLB, 2014 WL 3867495 (S.D. Cal. Aug. 6, 2014). | 08/06/2021 | California - Southern District | Jill L. Burkhardt | 2014 U.S. Dist. LEXIS 108505 | 2014 WL 3867495 | Discussing the cost proportionality of predictive coding and work flows, including adding new documents to a stabilized system. |
| In re Actos: (Pioglitazone) Prod. Liability Litig., No. 6:11-md-2299, 2012 WL 7861249 (W.D. La. July 27, 2020). | 07/27/2012 | Louisiana - Western District | Rebecca Doherty | 2012 U.S. Dist. LEXIS 187519 | 2012 WL 7861249 | Approving the use of predictive coding and discussing workflows. |
| Bridgestone v. IBM, No. 3:13cv1196 (M.D. Tenn. July 22, 2020). | 07/22/2014 | Tennesee - Middle District | Joe Brown | 2014 U.S. Dist. LEXIS 142525 | 2014 WL 4923014 | (1) Approving the combined use of keyword searches and predictive coding; (2) interpreting case management order to allow adoption of predictive coding during discovery. |
| Progressive Cas. Ins. Co. v. Delaney, 2:11-CV-00678-LRH, 2014 WL 3563467 (D. Nev. July 18, 2020). | 07/18/2014 | Nevada - Federal District | Peggy Leen | 2014 U.S. Dist. LEXIS 69166 | 2014 WL 3563467 | "Predictive coding has emerged as a far more accurate means of producing responsive ESI in discovery. Studies show it is far more accurate than human review or keyword searches which have their own limitations." Narrowly interpreting case management order to deny the unilateral adoption of predictive coding during discovery |
| Nat'l Day Laborer Org. Network v. U.S. Immigration & Customs Enforcement Agency, No. 10-cv-3488, 877 F. Supp. 2d 87 (S.D.N.Y. 2012). | 07/13/2012 | New York - Southern District | Shira A. Scheindlin | 2012 U.S. Dist. LEXIS 97863 | 2012 WL 2878130 | “Parties can (and frequently should) rely on . . . [predictive coding] to identify responsive documents." |
| Indep. Living Ctr. of S. Cal. v. City of Los Angeles, 2:12-cv-00551 (C.D. Cal. June 26, 2021). | 06/26/2014 | California - Central District | Patrick Walsh | Ordering the defendant to use predictive coding to review 2 million documents and ordering the plaintiff to pay for 50% of the quality assurance costs if they insist on QC. | ||
| United States v. Exxonmobil Pipeline Co., No. 4:13-cv-00355, 2014 WL 2593781 (E.D. Ark. June 10, 2021). | 06/10/2020 | Arkansas - Eastern District | Kristine G. Baker | 2014 U.S. Dist. LEXIS 81607 | 2014 WL 2593781 | Defendants suggested the use of predictive coding to ease the burden of production and meet their production deadline, while opposing party did not agree, they did not request the Court to resolve the dispute. |
| F.D.I.C. v. Bowden, 4:13-cv-245, 2014 WL 2548137 (S.D. Ga. June 6, 2021). | 06/06/2021 | Georgia - Southern District | George Smith | 2014 U.S. Dist. LEXIS 77890 | 2014 WL 2548137 | Ordering parties to "consider the use of predictive coding." |
| Gordon v. Kaleida Health, 08-CV-378S, 2013 WL 225056 (W.D.N.Y. May 21, 2021). | 05/21/2013 | New York - Western District | Leslie G. Foschio | 2013 U.S. Dist. LEXIS 73330 | 2013 WL 225056 | Hinterberger related action. Approving the use of predictive coding on top of keywords, and approving the use, by both parties, of a shared ESI consultant (D4 discovery) and declining to order production of seed set methodology. |
| Hinterberger v. Catholic Health Sys., Inc., 08-CV-380S F, 2013 WL 2250603 (W.D.N.Y. May 21, 2021). | 05/21/2013 | New York - Western District | William M. Skretny | 2013 U.S. Dist. LEXIS 73141 | 2013 WL 2250603 | Approving the use of predictive coding and refusing to disqualify shared eDiscovery vendor/consultant. |
| In re Domestic Drywall Antitrust Litig., No 13-md-2437, 88 Fed. R. Serv. 3d 966 (E.D. Pa. May 12, 2021). | 05/12/2020 | Pennsylvania - Eastern District | Baylson | 2014 U.S. Dist. LEXIS 65464 | 2014 WL 1909260 | Suggesting that discovery could benefit from "more sophisticated methodologies" including predictive coding. |
| Global Aerospace v. Landow Aviation, No. CL 61040, 2012 WL 1431215 (Vir. Cir. Ct. Apr. 23, 2012). | 04/23/2012 | Virginia - Circuit Court | James H. Chamblin | 2012 Va. Cir. LEXIS 50 | 2012 WL 1431215 | Endorsing the use of predictive coding over objections by opposing counsel. |
| In Re Biomet M2A Magnum Hip Implant Products Liability Litig. (In Re Biomet I), No. 3:12-md-2391, 2013 WL 1729682 (N.D. Ind. Apr. 18, 2013). | 04/23/2013 | Indiana - Northern District | Robert L.Miller | 2013 U.S. Dist. LEXIS 84440 | 2013 WL 1729682 | Approving the use of predictive coding on top of keywords and refusing to order a party to "do-over" their keyword searches with predictive coding. |
| Edwards v. Nat'l Milk Producers Federation, No. 3:11-cv-04766 (N.D. Cal., Apr. 17, 2013). | 04/16/2013 | California - Northern District | Jeffrey S. White | Approving the use of predictive coding and the proposed protocol. | ||
| Cambridge Place Inv. Mgmt, Inc. v. Morgan Stanley, No. SUCV2010-2741 (Mass. Super. Ct. Suffolk Mar. 21, 2013). | 03/21/2013 | Massachusetts - Superior Court | Thomas P. Billings | Approving the use of predictive coding over objections by opposing counsel. | ||
| Chevron Corp. v. Donzinger, No. 11cv0691, 2013 WL 1087236 (S.D.N.Y. Mar. 15, 2013). | 03/14/2013 | New York - Southern District | Lewis Kaplan | 2013 U.S. Dist. LEXIS 36353 | 2013 WL 1087236 | Urging the parties to analyze "whether and to what extent predictive coding could 'reduce the burden and effort' required to comply with the Subpoena." |
| Harris v. Subcontracting Concepts, LLC, CIV. 1:12-MC-82 DNH, 2013 WL 951336 (N.D.N.Y. Mar. 11, 2013). | 03/11/2020 | New York - Northern District | Randolph R. Treece | 2013 U.S. Dist. LEXIS 33593 | 2013 WL 951336 | "Although this Court may not share the technological sophistication of Mr. Wise, I certainly know that the amount of time, cost, and effort expended to produce these records from the computer is significantly less than by hand. With the advent of software, predictive coding, spreadsheets, and similar advances, the time and cost to produce large reams of documents can be dramatically reduced. Further, suggesting to DOL to accept the production of these documents in either native format, or through a zip file, or some other electronic transaction should minimize SCI LLC's anxiety. Hence, the Court is more convinced than ever that SCI LLC is not subject to an overwhelming and incomprehensible burden." |
| Aurora Coop. Elevator Co. v. Aventine Renewable Energy, No 4:12-cv-230 (D. Neb. Mar. 10, 2014). | 03/10/2020 | Nebraska - Federal District | Cheryl R. Zwart | Court ordered parties to "consult with a computer forensic expert to create search protocols, including predictive coding as needed, for a computerized review of the parties' electronic records." | ||
| Da Silva Moore v. Publicis Group, 287 F.R.D. 182 (S.D.N.Y. Feb. 24, 2012). | 02/24/2012 | New York - Southern District | Andrew J.Peck | 2012 U.S. Dist. LEXIS 23350 | 2012 WL 607412 | Approving the use of predictive coding. |
| Fed. Hous. Fin. Agency v. HSBC N. Am. Holdings Inc., 11-cv-6189 DLC, 2014 WL 584300 (S.D.N.Y. Feb. 14, 2014). | 02/14/2014 | New York - Southern District | Denise Cote | 2014 U.S. Dist. LEXIS 19156 | 2014 WL 584300 | Approving the use of predictive coding over objections by opposing counsel. |
| The New Mexico State Inv. Council v. Bland, No. D-101-cv-2011-01534, 2014 WL 772860 (N.M. Dist. Feb. 12, 2014). | 02/12/2020 | New Mexico - Federal District | Sarah M. Singleton | 2014 WL 772860 | "In reviewing documents, Day Pitney implemented various advanced machine learning tools such as predictive coding, concept grouping, near-duplication detection and e-mail threading. These tools . . . enabled the reviewers on the document analysis teams to work more efficiently with the documents and identify potentially relevant information with greater accuracy than the standard linear review." | |
| Deutsche Bank Nat. Trust Co. v. Decision One Mortg. Co., LLC, No 13 L 5823, 2014 WL 764707 (Ill. Cir. Ct. Jan. 28, 2014). | 01/28/2014 | Illinois - Circuit Court | Raymond W. Mitchell | 2014 WL 764707 | "If the parties agree that predictive coding would be appropriate in this case, they are encouraged to employ that tool." | |
| Smilovits v. First Solar, No 2:12-cv-00555 (D. Ariz. Nov. 20, 2014). | 11/20/2014 | Arizona - Federal District | David G. Campbell | Holding, inter alia, that the use of predictive coding does not confine document discovery to initial requests for production. |
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| Green v. Am. Modern Home Ins. Co., No 1:14-cv-04074 (W.D. Ark. Nov. 24, 2014). | 11/24/2014 | Arkansas - Western District | Susan O. Hickey | 2014 U.S. Dist. LEXIS 165956 | 2014 WL 6668422 | "In lieu of identifying responsive ESI using the search terms and custodians/electronic systems . . . a party may use a technology assisted review platform to identify potentially relevant documents and ESI." |
| Chevron Corp. v. Snaider, No. 1:14-cv-01354 (D. Colo. Jan. 15, 2015). | 01/15/2015 | Colorado - Federal District | Kathleen M. Tafoya | 2015 U.S. Dist. LEXIS 4939 | 2015 WL 226110 | "At the hearing, Snaider claimed that document review would take approximately 300 hours. However, Snaider does not address the likelihood that in a case such as this computer-assisted review would no doubt be invoked, and while that is costly, it is much more efficient than assigning individuals to review a large volume of paperwork." |
| Connecticut General Life Insurance Co. v. Health Diagnostic Laboratory, Inc., No. 3:14-cv-01519 (D. Con. Jan. 28, 2015). | 01/28/2015 | Connecticut - Federal District | Victor A. Bolden | 2015 WL 471720 | "It is the producing party's right to determine the best method of search and review and how it will comply with Rule 26. To the extent that a Party chooses to search and review using a technology or methodology other than search terms (including, for instance, predictive coding), that Party shall disclose its intent to use that technology and the name of the review tool. However, the Party need not share the intricacies of said methodology unless and until there is a good faith allegation of a violation of Rule 26." | |
| Rio Tinto Plc v. Vale S.A., 1:14-cv-3042 (S.D.N.Y. Mar. 2, 2015) | 03/02/2021 | New York - Southern District | Andrew J. Peck | 2015 U.S. Dist. LEXIS 24996 | "In the three years since Da Silva Moore, the case law has developed to the point that it is now black letter law that where the producing party wants to utilize TAR for document review, courts will permit it." | |
| Malone v. Kantner Ingredients, 4:12-cv-3190 (D. Neb. Mar. 31, 2015) | 03/31/2015 | Nebraska - Federal District | Cheryl R. Zwart | 2015 U.S. Dist. LEXIS 41951 | "Predictive coding is now promoted (and gaining acceptance) as not only a more efficient and cost effective method of ESI review, but a more accurate one." | |
| Boardley v. Household Finance Corp., 8:12-cv-3009 (D. Md. June 1, 2021) | 06/01/2021 | Maryland - Federal District | Paul W. Grimm | 2015 U.S. Dist. LEXIS 70098 | "Parties requesting ESI discovery and parties responding to such requests are expected to cooperate in the development of search methodology and criteria to achieve proportionality in ESI discovery, including appropriate use of computer-assisted search methodology, such as Technology Assisted Review, which employs advanced analytical software applications that can screen for relevant, privileged, or protected information in ways that are more accurate than manual review and involve far less expense." | |
| Burd v. Ford Motor Co., 3:13-cv-20976 (S.D.W.V. July 8, 2020) | 07/08/2020 | West Virginia - Southern District | Cheryl A. Eifert | 2015 U.S. Dist. LEXIS 88518 | "[T]he parties are ORDERED to involve their IT experts and to consider other methods of searching such as predictive coding; perhaps, making use of the publications of the Sedona Conference." | |
| Pyrrho Investments v MWB Property, HC-2014-000038 (UK Feb 16, 2021) | 02/16/2016 | HIGH COURT OF JUSTICE CHANCERY DIVISION | MASTER MATTHEWS | [2016] EWHC 256 (Ch) | [2016] EWHC 256 (Ch) | "Accordingly, I considered that the present was a suitable case in which to use, and that it would promote the overriding objective set out in Part 1 of the CPR if I approved the use of, predictive coding software, and I therefore did so. Whether it would be right for approval to be given in other cases will, of course, depend upon the particular circumstances obtaining in them." |
