August 21, 2017

August 21, 2017

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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...

David B. Weinstein, Chair, Environmental & Toxic Torts Litigation Practice; Tampa Managing Shareholder, Greenberg Traurig law firm
Managing Shareholder, Chair

David Weinstein has an active civil and white-collar litigation practice, with an emphasis on business, environmental, real estate, health care, and other challenging matters. In the civil context, he represents clients in class actions, mass torts, and other complex litigation. David also represents organizations and individuals in federal, state, and local criminal investigations. In both the civil and criminal areas, David has experience assisting clients with developing and implementing crisis management and public relations strategies. He has significant "first-chair" trial experience in jury and non-jury trials, as well as arbitrations.