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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.