Archive: April 23, 2013

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Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding

Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding

In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013)

In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input.  The court concluded that Biomet’s efforts complied with its discovery obligations under the civil rules.

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