In FCA US LLC v. Cummins, Inc., No. 16-12883 (E.D. Mich. Mar. 28, 2017), the parties could not agree whether “the universe of electronic material subject to [technology-assisted review, or “TAR”] should first be culled by the use of search terms, or whether TAR should be applied before employing search terms.”  The court decided the discovery dispute “reluctantly” because, “[g]iven the magnitude of the dispute and the substantial matters upon which they agree, the parties should have been able to resolve the discovery issue without the [c]ourt as decision maker.”  Citing the Sedona Conference TAR Case Law Primer, the court held that “[a]pplying TAR to the universe of electronic material before any keyword search reduces the universe of electronic material is the preferred method,” and that keyword searches or other methods could be used to cull the results afterward.