Lone Pine Order

A Lone Pine order is a case-management order requiring plaintiffs in a mass tort to produce basic evidence of exposure, injury and causation early in the case, often through expert reports, or risk dismissal. It is meant to weed out claims that lack support before full discovery.

Origin

The name comes from Lore v. Lone Pine Corp., a New Jersey state-court case from the 1980s involving claims by residents near a landfill, in which the court required plaintiffs to provide such evidence before the case went further. Courts in other mass tort litigation have since issued similar orders.

Significance in Asbestos Context

Lone Pine orders are used most in large, consolidated litigation, where defendants argue that many claims were filed without medical or exposure support. In asbestos litigation, similar early-proof requirements have appeared through medical criteria laws, inactive dockets and orders in federal and state mass dockets requiring diagnostic reports. For a plaintiff with a clear mesothelioma diagnosis, these requirements are usually met with medical records and exposure history. They can be a heavier burden in cases involving less-defined diseases or disputed exposure, because they front-load expert costs. Critics say they can be used to dismiss valid claims before plaintiffs have had discovery; some courts have limited their use or held they are not authorized by their procedural rules.

Example Sentence

The judge entered a Lone Pine order requiring each plaintiff to submit a physician's report linking the diagnosed disease to the alleged exposure within 120 days.

Related Terms

Mass Tort, Multidistrict Litigation (MDL), Medical Criteria Statute, Inactive Docket, Expert Witness, Summary Judgment

Notes

• If your case is part of a large group, ask your lawyer whether any early-proof deadlines apply.
• Gather your medical records and work history early; they are what most early-proof orders require.