FCA USA LLC v. Cummins, LLC, No. 16-12883 (E.D. Mich. Mar. 28, 2017)

In this case, the court was asked to rule on the parties’ dispute regarding “whether the universe of electronic material subject to TAR review should first be culled by the use of search terms.” The court, although expressly reluctant to get involved, concluded that it should not:

Be that as it may, having reviewed the letters and proposed orders together with some technical in-house assistance including a read of The Sedona Conference TAR Case Law Primer, 18 Sedona Con. J. __ (forthcoming 2017), the Court is satisfied that FCA has the better postion [sic]. Applying TAR to the universe of electronic material before any keyword search reduces the universe of electronic material is the preferred method. The TAR results can then be culled by the use of search terms or other methods.

A full copy of the court’s short order is available here.