Attorneys representing a group of employees suing public relations company Publicis over gender discrimination claims took their e-discovery dispute with U.S. Magistrate Judge Andrew Peck (So. District, N.Y.) to the U.S. Supreme Court on Tuesday, in Monique Da Silva Moore, et al. v. Publicis Groupe SA and MSLGroup, 11 Civ. 1279.

In a petition for certiorari filed with the court, attorneys representing lead plaintiff Monique Da Silva Moore and five other employees argued that Peck, who approved an e-discovery protocol agreed to by the parties that included predictive coding technology, should have recused himself given his previous public statements expressing strong support of predictive coding.