What is a “Lone Pine Order”?

A “Lone Pine Order” is one of the most successful strategies in keeping defense costs down which requires a plaintiff to make a prima facie showing of exposure and causation before full discovery is allowed. 

In Schneider Nat. Carriers, Inc. v. Bates, the trial court issued a Lone Pine order which required the plaintiffs to specify their dates of residence, specific complaints, and substances they contend were emitted from the defendants’ plants. 

In Martinez v. City of San Antonio, the trial court entered a Lone Pine order which selected fifty personal injury plaintiffs for full discovery and required expert reports for each plaintiff within ninety days.  Recently, this strategy been utilized in several cases related to oil and gas activities throughout the country with mixed results.

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