“Lone Pine orders” are case management tools that have been used for years in complex environmental tort cases to require plaintiffs to define their alleged injuries and to make an early prima facie showing of exposure and causation before full discovery proceeds. Recently, over a strong dissent, the Colorado Supreme Court affirmed an appellate court decision holding that Lone Pine orders are not permitted by Colorado law. While the decision is limited to Colorado law, it joins other recent state court decisions to take a narrow view of what case management tools are appropriate in environmental exposure and tort cases, notwithstanding that such cases often present unique challenges that could benefit from creative case management to avoid unnecessary expense and time.

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