Strategic Use Of Lone Pine Motions

Law360, New York (November 20, 2012, 7:26 AM EST) -- Causation is frequently a dispositive issue in product liability and mass tort cases. Plaintiffs often lack a clear theory and evidence of causation and so seek to postpone consideration of causation until trial or the eve of trial. Forcing plaintiffs to clarify their causation theory and evidence early in the proceedings can be a substantial strategic advantage to defendants and may lead to early dismissal on motion or to other disposition on favorable terms.

“Lone Pine” orders — named after an early New Jersey case —...
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