Case Got Your Tongue? Court Cases Aren’t Horse Races

MH900228831I understand we live in a ‘first-to-press’ world, and I further understand that – most of the time – it’s important to get a story out as soon as possible.  But, that doesn’t mix too well with judicial decisions.  In my view, you should treat them like a fine meal.

Allow some time to digest them.

So, this is why I didn’t jump on the predictive coding decision by Judge Peck in Monique Da Silva Moore, et al., v. Publicis Groupe & MSL Group, Civ. No. 11-1279 (ALC)(AJP) (S.D.N.Y. February 24, 2012).  The odds were, it would be contested and it is being contested; in rather strong language, I might add.  A lot of that language is being directed at the alleged misconduct of Judge Peck, himself, among others.  I’ve seen Judge Peck speak.  Water off a duck’s back, I suspect.

As some of my colleagues would say, “That’s litigation.”

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