In colorful prose, the author begins the Comment with an excellent hypothetical illustrating the heavy burden a Lone Pine Order places on a plaintiff struggling to keep a toxic torts case in court. Starting with this foundation, the author conducts an in-depth review of the elements and operation of Lone Pine Orders. Next, the author outlines the features of typical torts case, pointing out how the features make compliance with a Lone Pine Order very difficult. The author next discusses and compares the pros and cons of Lone Pine Orders. He thoroughly examines how a Lone Pine Order can be used as a case management tool by the courts to expeditiously dispense with toxic torts cases. In contrast, the author discusses the adequacy of existing procedural safeguards and the inconsistency with which Lone Pine Orders are issued to undermine any case management benefits the orders may serve. The author concludes by arguing that Lone Pine Orders should no longer be used due to both the existence of the procedural safeguards and trends in modern toxic torts cases indicating reliance on such safeguards.
Burnett, John T.
"Orders: A Wolf in Sheep's Clothing for Environmental and Toxic Tort Litigation,"
Florida State University Journal of Land Use and Environmental Law: Vol. 14:
1, Article 2.
Available at: https://ir.law.fsu.edu/jluel/vol14/iss1/2