January 17, 2019

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January 15, 2019

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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, Greenberg Traurig Law Firm, Tampa, Environmental and Litigation Law Attorney
Shareholder

Christopher Torres is the Administrative Shareholder of the Tampa Office and concentrates his practice on toxic tort defense, environmental litigation, land use litigation, business and complex commercial litigation, and aggregate litigation. Previously, Chris has represented clients in the areas of securities litigation and enforcement, 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...

813-318-5721
David Weinstein, Greenberg Traurig, Tampa, Washington DC, New York, Corporate, Environmental, Finance and Real Estate Litigation Attorney
Shareholder

David Weinstein is the Managing Shareholder of the Tampa Office and Chairs the Environmental & Toxic Torts Litigation Practice. David has an active civil and white-collar litigation practice, with an emphasis on environmental, toxic tort, real estate, business, 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.

The International Who’s Who of Environmental Lawyers has referred to David as "one of the leading practitioners in the world." David is listed in Band #1 of Chambers USA Guide, which in 2017, states that David is “well known for his litigation and trial expertise and excels in a broad range of environmental matters. Clients say he is ‘incredibly skilled and adept in the courtroom.’” The 2016 Guide notes: “Peers highlight his abilities in court, stating: He's top-notch, he's one of the best. If I was accused of a white-collar environmental crime I would use him. He's tenacious, bright and extremely capable." The 2015 Guide describes David as “a really fabulous lawyer . . . well-liked by clients . . . the kind of guy you would want leading the charge if you had a problem.” He is also listed in The Best Lawyers in America, The Legal 500 United States, and Who's Who Legal which describes David as “a distinguished litigator and a well-known name for civil and white-collar disputes.” David is recognized as one of "Florida's Legal Elite" by Florida Trend magazine—which inducted him into its Hall of Fame in 2010. Florida Super Lawyers has rated David as one of Florida's "Top 100" lawyers seven times. He is AV® rated by the Martindale-Hubbell Law Directory and the Tampa Bay Business Journal selected him in 2005 for its "Who's Who in Business in the Tampa Bay Area."

813-318-5701