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 with Q&A

Conducted on Thursday, February 18, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar 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.


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.



  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


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?


John Randall Whaley
John Randall Whaley

Neblett Beard & Arsenault

His practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal...  |  Read More

Jay M. Jalenak
Jay M. Jalenak

Kean Miller

He practices in the firm’s Litigation Group and represents clients in toxic tort litigation, commercial and...  |  Read More

Eric Anielak
Eric Anielak

Shook Hardy & Bacon

His practice focuses in the defense of product liability claims. He has represented clients in national pharmaceutical...  |  Read More

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