In re Biomet Products Liability Litigation

2013 WL 6405156 (2013)

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In re Biomet Products Liability Litigation

United States District Court for the Northern District of Indiana
2013 WL 6405156 (2013)

RW

Facts

Hundreds of consumers formed a plaintiffs’ steering committee (committee) (plaintiff) to represent them in a federal products-liability action against Biomet (defendant), the manufacturer of artificial-hip implants that the consumers alleged were defective. Biomet used a seed set, i.e., a sample from a larger group, of search terms to create the predictive-coding algorithms with which Biomet planned to identify relevant and discoverable electronically stored information. The committee asked Biomet to disclose how it put its seed set together. This information would enable the committee to identify and help correct any gaps in Biomet’s search terms. Biomet answered that nothing in the law required disclosure. The committee cited a Sedona Conference report in support of its motion to compel disclosure of the seed-set information.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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