DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153458P.pdf 05/22/2017 Dale Stroud v. Southwestern Energy Company
U.S. Court of Appeals Case No: 15-3458
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit Judges]
Civil Case - diversity. District court did not abuse its discretion in
limiting scope of discovery during Phase 1 discovery, but excluding expert
opinion regarding the likely spread of waste water flow beneath the
Strouds' property was an abuse of discretion, as the methodology, though
not perfect, was scientifically reliable enough to assist the trier of
fact. The grant of summary judgment to Southwestern Energy Company is
reversed, as the evidence, even without the excluded expert opinion,
created a genuine issue of material facts, as evidence was presented that
could support a reasonable inference that the fracking waste migrated
across their property line considering 7.6 million barrels of waste poured
into an area capable of holding no more than 1.1 million barrels.