Walking The Lone Pine Trail

By Alan Hoffman, Husch Blackwell LLP (April 20, 2017, 4:30 PM EDT) -- Lone Pine orders take their name from Lore v. Lone Pine Corp.[1] They are most often entered in toxic tort litigation, requiring plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion.[2]

Typically, such orders call for expert affidavits or other evidence supporting a claimed connection between the plaintiff's condition and defendants' products. Counsel for plaintiffs often resist Lone Pine orders and case management order provisions, contending that they are premature before discovery has been obtained from defendants.

While federal courts generally are accustomed to Lone Pine provisions in Rule 16 and Rule 26...

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