Colo. Appeals Court Nixes Lone Pine Order In Fracking Case

Law360, New York (July 9, 2013, 6:43 PM EDT) -- A Colorado appeals court last week broke new ground in the state by ruling that a trial court cannot enter a so-called Lone Pine order requiring plaintiffs in a toxic tort case over fracking operations to present prima facie evidence supporting their claims before discovery has started.

The July 3 opinion overturned trial court Judge Ann B. Frick's entry of the Lone Pine order, which had been requested by the oil and gas company defendants before discovery began. This type of order, which originated in a 1986...
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