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Does Proportionality Disappear If a Lawyer Says “Predictive Coding” Three Times?

Posted on August 20, 201

The In re Bridgepoint Education case is not one about the merits of predictive coding, but one of proportionality over expanding the scope of discovery by nine months. In re Bridgepoint Educ., 2014 U.S. Dist. LEXIS 108505, 10-11 (S.D. Cal. Aug. 6, 2014). While the cost of document review and the use of predictive coding have a starring role in the opinion, let’s not forget the second discovery dispute in the case ultimately is about proportionality.

The Defendants claimed that expanding the scope of discovery by nine months would increase their review costs by 26% or $390,000 (based on past review efforts in the case). In re Bridgepoint Educ., at *6-7.

http://bowtielaw.wordpress.com/2014/08/20/does-proportionality-disappear-if-a-lawyer-says-predictive-coding-three-times/

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