Strategic Use of Lone Pine Motions in Fracking Litigation

Structuring Cases and Minimizing Costs With an Emerging Litigation Management Tool

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

Conducted on Tuesday, September 17, 2013

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE will provide guidance to counsel involved in hydraulic fracturing (fracking) litigation on the strategic use of Lone Pine motions to manage litigation and control costs. The panel will also explain how and when to use these motions to the greatest benefit for your clients.


Lone Pine orders are a critical case management tool to identify and dismiss claims in toxic tort litigation. The orders require plaintiffs, typically before discovery is begun, to produce evidence to support a prima facie claim, specifically on the issues of exposure, causation and damage.

Despite the effectiveness, Lone Pine motions are under-utilized in fracking litigation. The benefits in terms of cost savings and control over discovery make these orders a critical pre-discovery strategy for defendants. And, failing to comply with an order can be deadly for continued viability of the case.

Counsel must understand when and how to use Lone Pine motions to their greatest benefit—and the arguments that are most likely to be persuasive for structuring early litigation.

Listen as our authoritative panel provides practical guidance on the strategic use of Lone Pine motions in fracking litigation. The panel will review recent court decisions in fracking litigation and outline lessons offered from other types of litigation.



  1. Strategic use of Lone Pine motions in fracking litigation
  2. Court treatment in fracking litigation
  3. Lessons from use of Lone Pine orders in toxic tort or mass tort litigation
  4. Practical guidance


The panel will review these and other key questions:

  • What are the key factors for defense counsel to consider before and when seeking Lone Pine orders?
  • What lessons can be learned from the use of Lone Pine motions in toxic tort litigation?
  • When are Lone Pine motions likely to be most beneficial?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Hope S. Freiwald
Hope S. Freiwald


Her practice includes a broad range of commercial, consumer class action and complex product liability cases. Ms....  |  Read More

Marc J. Bern
Marc J. Bern

Senior Partner
Napoli Bern Ripka Shkolnik

Mr. Bern is a nationally-recognized plaintiffs’-bar trial attorney and a founding and Senior Partner of his...  |  Read More

Kenneth M. Argentieri
Kenneth M. Argentieri

Duane Morris

Mr. Argentieri, a trial attorney for over 25 years, represents individual and corporate clients in complex litigation,...  |  Read More

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