In Delaware predictive coding case, long wait to begin discovery nears end

February 14, 2013

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By: ACEDS Staff
Date: Thursday, February 14, 2013

Some observers used the words “stunned silence” to describe the reaction to Vice Chancellor J. Travis Laster’s October 15 predictive coding order by the attorneys in the case before him. The seemingly out-of-left-field ruling by the Delaware Chancery Court judge to parties in a commercial indemnity suit by EORHB, Inc. against HOA Holdings was believed to be the first time a judge demanded the use of the emerging technology without either party’s request.

Laster ordered the parties to use it, or show cause for why they shouldn’t. Now, after more than four months of silence on the predictive coding issue, the parties will begin propounding discovery within a matter of days, according to an attorney familiar with the case.