Today, the Colorado Supreme Court issued a long-anticipated decision in Antero Resources v. Strudley, No. 13SC576, and upheld the holding of the court of appeals that the trial court had erred in issuing a so-called "Lone Pine order" that required plaintiffs to present prima facie evidence to support their allegations of exposure, injury and causation prior to being allowed to conduct full discovery.
The court clearly finds Lone Pine orders, and other similar case management techniques, contrary to the Colorado Rules of Civil Procedure:
We hold that Colorado's Rule of Civil Procedure do not allow a trial court to issue a modified case management order, such as a Lone Pine order, that requires a plaintiff to present prima facie evidence in support of a claim before a plaintiff can exercise its full rights of discovery under the Colorado Rules. Although the comments to C.R.C.P. 16 promote active judicial case management, the rule does not provide a trial court with authority to fashion its own summary judgment-like filter and dismiss claims during the early stages of litigation.
Will the Strudley holding allow plaintiffs with cognizable claims, but without evidentiary support at the outset, the opportunity to buttress their claims with evidence gained through the discovery process? Or will the court's ruling open the door for fishing expeditions by plaintiffs without any evidentiary foundation for their claims? The answer likely depends on your particular point of view, and only time will tell how much of an impact today's holding will have on tort claims such as those advanced in Strudley.
