Focusing on precision rather than recall, district court
finds that process complies with discovery
obligations.
On April 18, the U.S. District Court for the Northern District
of Indiana issued a discovery order in In re Biomet M2a Magnum
Hip Implant Products Liability Litigation,1 finding
that defendant Biomet's discovery process, which included the
combined use of keyword search and predictive coding, fulfilled its
discovery obligations. However, the court accepted Biomet's
reliance on precision measurements, rather than
recall measurements, leading to a potentially
substantial underestimation of what proportion of relevant
documents Biomet produced.
Background
In response to the plaintiffs' discovery demands, Biomet
collected 6 terabytes of data and filtered the resulting 19.5
million documents with keyword searches to identify approximately 3
million documents for review.2 They performed a
predictive coding review on these 3 million records to
