On Monday, April 23, 2012, a state judge in Virginia ruled that the defendants in Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al
can use predictive coding despite the plaintiff's objections that the technology is not as effective as purely human review. Predictive coding software assists document reviewers by applying computerized learning techniques to find responsive information. It is currently being used in other cases, but Global Aerospace Inc., et al, v. Landow Aviation, L.P. dba Dulles Jet Center, et al
is the first case where predictive coding was actually ordered over objection from other parties. Atlanta based OrcaTec is providing the software for the case.
Loudoun Circuit Court Judge James Chamblin wrote, "Having heard argument with regard to the Motion of Landow Aviation ... it is hereby ordered Defendants shall be allowed to proceed with the use of predictive coding for purposes of processing and production of electronically stored information." Chamblin acknowledged that the receiving party will still have the opportunity to question "the completeness of the contents of the production or the ongoing use of predictive coding." The court order allowed 60 days for processing, and another 60 days for production. Chamblin's order was in response to a Landow motion requesting either that predictive technology be allowed or that the parties demanding a more expensive method pay any additional costs.
A Schnader team including Jonathan M. Stern
, Gordon S. Woodward
, and Thomas C. Gricks, III
represents Landow Aviation.
Media coverage has appeared in Law Technology News
, Thomson Reuter
, Association of Certified E-Discovery Specialists
, and blogs including The Orange Rag
, e-Discovery Team
, Above the Law
, and eDiscovery101