Mass torts can create burdens for both the judiciary and litigants.  In order to prevent the use of mass torts to extract unjustified settlements, some courts have used "Lone Pine orders" as a case management tool to require plaintiffs to substantiate allegations of injury and causation before continuing with litigation.  The Lone Pine order takes its name from Lore v. Lone Pine Corp., a toxic court case in which a New Jersey Superior Court required plaintiffs asserting personal injury claims to provide evidence of exposure to, and causation by, substances from the defendant landfill at the outset of the case.  Lone Pine orders have subsequently been employed in other state and federal jurisdictions.  For an in-depth look at factors to consider when seeking a Lone Pine order, click here for an article by David Weinstein and Chris Torres of GT Tampa.
 

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.