Da Silva Moore plaintiffs request judge’s recusal

A frequent proponent of e-discovery technology, plaintiffs say Judge Peck’s partiality is questionable

Things recently took a dramatic turn in what’s possibly the highest-profile litigation related to the world of e-discovery and technology-assisted review at the moment. On April 13, the plaintiffs in Monique Da Silva Moore, et al. v. Publicis Groupe & MSL Group filed a formal motion to recuse or disqualify Magistrate Judge Andrew Peck of the U.S. District Court in the Southern District of New York.

Judge Peck had issued an opinion on Feb. 24 stating that the defendants could use predictive coding, a software tool that uses algorithms to automatically tag documents, to review as many as 3 million electronic documents as part of the parties’ e-discovery protocol. As a result, the case became a flag for many in the legal technology space to wave as evidence of judicial approval for predictive coding, despite the fact that both parties had previously agreed upon its use.

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