November 30, 2015

Managing the Complex: A Brief Survey of Lone Pine Orders

A Lone Pine order is a case management tool that takes its name from a 1986 environmental mass tort case in which a New Jersey court required the plaintiffs to substantiate their allegations of personal injury, property damage and causation before proceeding with discovery.1 Principally because of the suspect nature of the plaintiffs’ claims, the Lone Pine court placed a threshold burden on them to present prima facie evidence of injury and causation, which should have been evident from their pre-suit investigation.2 When the plaintiffs failed to meet this burden, the court dismissed their claims.3 By creating this hurdle, the court limited the ability of plaintiffs to use mass tort litigation as a tactical means of extracting an unmerited settlement.4

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1 Lore v. Lone Pine Corp., No. L-33606-85, 1986 WL 637507 (N.J. Super. Ct. Law Div. Nov. 18, 1986).

2 Id. at *4.

3 Id. at *2.

4 Id. at *4.

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About this Author

Christopher Torres, Toxic Tort Defense Lawyer, Greenberg Traurig, law firm
Tampa Administrative Shareholder

Christopher Torres concentrates his practice on toxic tort defense, aggregate litigation, environmental litigation, land use litigation, complex commercial litigation, and white collar litigation. Previously, Chris has represented clients in the areas of securities litigation and enforcement, general commercial litigation, land use litigation, white collar litigation, and appeals. Chris also has experience in the areas of corporate and securities law where he has advised boards of directors on corporate governance issues and contests for corporate control, represented...

Managing Shareholder

David Weinstein has an active civil and criminal litigation practice, with an emphasis on business, environmental, health care and other complex matters. In the civil context, he represents clients in class action, mass tort, multidistrict and other complex litigation. In the criminal area, David represents business organizations and individuals in federal, state and local investigations. He also has experience representing clients in internal investigations involving allegations of fraud, regulatory violations and other misconduct. In both the civil and criminal areas, David has experience helping clients develop and implement crisis management and public relations strategies.