Lone Pine Orders in Class Action, Mass Tort and Products Liability Litigation

Bringing and Defending Pre-Trial Motions Regarding Exposure, Causation and Damages

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, February 18, 2010
Recorded event now available


This CLE seminar will examine the standards for, benefits of, and disadvantages of Lone Pine orders and discuss effective strategies for bringing and defending motions for these orders.

Description

Lone Pine orders are a critical case management tool to identify and dismiss claims in mass tort and class action litigation. The orders require plaintiffs to produce evidence to support a prima facie claim early in the litigation, specifically on the issues of exposure, causation, and damages.

Plaintiffs assert Lone Pine orders are appropriate only in limited circumstances where a certain amount of discovery has been conducted and there is concrete evidence of meritless claims. Failing to comply with a Lone Pine order can be fatal to the continued viability of the case.

The benefits of Lone Pine orders in terms of cost savings and control over discovery make entry of these orders a critical pre-discovery strategy for defendants — and a potentially devastating prospect for plaintiffs.

Listen as our authoritative panel of plaintiff and defense litigators discusses effective strategies for bringing and defending against motions for Lone Pine orders.

Outline

  1. Overview of Lone Pine Orders
    1. Source of court’s authority
    2. Elements
    3. Factors that prompt its use
    4. Use of Lone Pine Orders by the court
    5. Cases suited for Lone Pine Orders
      1. Mass torts
      2. Environmental and toxic torts
      3. Chemical exposure
      4. Products liability
  2. Defense perspective
    1. Advantages
    2. Strategic considerations for seeking a Lone Pine Order
    3. Arguments to support a motion for an order
    4. Case law supporting Lone Pine Orders
  3. Plaintiffs perspective
    1. Disadvantages
    2. Arguments against a Lone Pine Order
    3. Case law limiting use of Lone Pine Orders
    4. Using Lone Pine Orders to your advantage

Benefits

The panel will review these and other key questions:

  • For what types of complex litigation are Lone Pine orders best suited?
  • What factors must defendants consider before and when seeking Lone Pine orders?
  • How can plaintiffs use Lone Pine orders to their advantage?
  • When are Lone Pine orders appropriate and effective for single injury cases?

Faculty

John Randall Whaley, Partner
Neblett Beard & Arsenault, Alexandria, La.

His practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal injury representing victims and consumers injured by the negligence and fraud of others. He is an experienced litigator, having tried many cases and class certification issues in both state and federal courts, as well as having argued in many appellate courts.

Jay M. Jalenak, Partner
Kean Miller, Baton Rouge, La.

He practices in the firm’s Litigation Group and represents clients in toxic tort litigation, commercial and business litigation and personal injury defense. He has particular experience in the defense of area industrial facilities, warranty, asbestos, welding rod, toxic tort, premises and products liability claims, hearing loss claims, and regularly represents major businesses.

Eric Anielak, Partner
Shook Hardy & Bacon, Kansas City, Mo.

His practice focuses in the defense of product liability claims. He has represented clients in national pharmaceutical litigations including Bayer, Eli Lilly and Co., and Wyeth. His responsibilities have included a wide range of pre-trial and trial activities and he has coordinated various Firm and inter-law firm litigation teams.

Ordering

Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

CLE Processing on Recorded Event $65.00


CLE on Live Event

Continuing Legal Education credit processing is available for an additional $65 per person per state in states where webinars and teleconferences are accredited.

You may register for CLE credit processing before or after a program (application deadlines vary by state).  Exceptions: Pennsylvania attorneys must pre-register for CLE. Maine and Alabama attorneys please call 1-800-926-7926 ext. 10 for special instructions.

CLE credits are not available for DE, IN, KS, OH, and PR or for NY attorneys admitted within the last 2 years.

CLE Processing $65.00

How does this work?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.

Saleem Moghal

Paul Hastings Janofsky & Walker

The speakers were well versed and kept my attention throughout the program.

Natalie Kossak

Independent Fiduciary Services

I liked the combined depth of information and speed of presentation. Well done!

Andre Dalbec

SAANYS

The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.

Chris Kelly

Mayer Brown

Convenient and well-organized.  Well-run program.

Michael V. Kruljac

IMERYS

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Partner

Goldman Scarlato & Karon

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Winston & Strawn

Michael McCluggage

Partner

Wildman Harrold

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School