Electronic Discovery
Lawyers Ignore Judge Peck’s Warning Against “Scorched Earth” Tactics and Move to Recuse Him
By Charles Michael on
Magistrate Judge Peck issued a widely-publicized opinion in February endorsing the use of “predictive coding” — using computer algorithms to help identify relevant documents — in a gender discrimination class action. (See coverage, e.g., in Reuters, law.com, ABA Journal.) The plaintiffs sent Judge Peck scathing letter the following month asking that Judge Peck recuse himself because of his public advocacy of predictive coding and because of his public appearances with defense counsel Ralph Losey on the subject:
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