The temperature was just raised again in the motion to recuse Magistrate Judge Peck from the gender discrimination class action in which he broke new ground by formally authorizing predictive coding, and in which he (unsuccesfully) warned the plaintiffs to cease their “scorched earth” litigation tactics. (For prior posts on the case, click here.). The plaintiffs hired a judicial ethics expert who today moved for permission to file an amicus brief in support of recusal. In the proposed brief attached to the motion, the expert first took issue with Judge Peck issuing a decision endorsing predictive coding shortly after writing an article in favor of predictive coding:
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