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JAMS ADR Insights

Class Action & Mass Tort Federal Law

When does it make sense and how to get a special master?

Over time, disputes have become increasingly more complex. COVID-19 has impacted access to courts in California and around the nation, while civil caseloads continue to grow and the time to trial grows even longer. Even before the pandemic, the Federal Judicial Caseload Statistical report on the caseload of the federal courts for a 12-month period ending March 31, 2020, showed an increase in civil filings; increase in the percentage of “pending” cases; and a decrease in the percentage of “terminated” cases. As such, the bench and bar are increasingly looking to alternative processes, such as the appointment of special masters, to assist in keeping cases moving along.

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