Tag Archives: Lone Pine Order

Does the Lone Pine Still Stand?

Ruling on an issue of first impression, the Colorado Court of Appeals, Division I, ruled on July 3, 2013 in Strudley v. Antero Resources Corp. that Lone Pine Orders are prohibited under Colorado law. In so holding, the court reversed the ruling of the trial court that entered a Lone Pine Order requiring plaintiffs to present prima facie evidence to support their claim that hydrofracking had contaminated their groundwater or risk having their case dismissed.

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Lone Pine Order Ends "No Causation" Hydrofracking Case

A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component of plaintiffs’ claim) prior to the commencement of pre-trial discovery. A Lone Pine Order is designed to weed out frivolous claims before defendants must invest hundreds of thousands of dollars in legal fees and incalculable time and effort only to learn prior to trial that plaintiffs cannot establish a prima facie case. Both federal and state court judges have learned by experience that a Lone Pine case management order can end in their infancy baseless cases that would otherwise require an enormous expenditure of judicial time and resources. I have written about the use of Lone Pine Orders both on this blog and in journal articles

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