On this episode, host Paul W. Grimm talks with retired U.S. Magistrate Judge John Facciola about his ongoing work as a special master in complex litigation cases. They discuss the origins of the term “special master,” why certain complex cases (especially mass tort MDLs) warrant special masters, their role in these cases, and how they can serve as effective resources to counsel and the district court judge. Their conversation emphasizes that, when used effectively and creatively, special masters can reduce the cost of federal litigation to expand access to justice.

BACKGROUND

Rule 53 of the Federal Rules of Civil Procedure authorizes judges to appoint a “master” to assist the court when exceptional conditions prevent the assigned judge from handling all matters associated with a case. Commonly referred to as “special masters,” these judicial adjuncts address pretrial and posttrial matters that “cannot be effectively and timely addressed by an available district judge or magistrate judge.” Frequently, they oversee the discovery process and resolve disputes when they arise, supervise settlement discussions, perform accountings, or compute damages. The order appointing the master must direct them to proceed with all reasonable diligence, and clearly state the scope of their duties, including any limits to it.

ABOUT THE HOST

Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here to read his full bio.