May 15, 2015
On April 20, 2015, the Colorado Supreme Court released an important decision restricting the use of so-called “Lone Pine” orders. See Antero Resources Corp. v. Strudley. Lone Pine orders require plaintiffs in toxic tort cases to provide evidence sufficient to establish a prima facie case of injury, exposure, and causation, before discovery has opened or face dismissal of their claims. The orders are named after an unpublished decision from New Jersey, Lore v. Lone Pine Corp. While Lone Pine orders are permitted under the Federal Rules, the Antero decision holds that such orders are not permitted under the Colorado Rules of Civil Procedure and will impact all toxic exposure cases in Colorado.

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