United States Eighth Circuit

In a suit against a clinical laboratory, a medical review officer, and the review officer's employer, alleging plaintiff lost her job due to the negligent performance of a drug test mandated by her employer, dismissal of complaint for failure to comply with an Arkansas statute requiring timely filing of an expert witness affidavit is reversed in light of the ruling in Summerville v. Thrower, No. 06-501, 2007 WL 766319 (Ark. Mar. 15, 2007), which found that the statutory provision at issue directly conflicted with the rules of civil procedure and the state supreme court's constitutional authority to prescribe those rules.

Appellate Information

• Decided 02/22/2008
• Published 02/22/2008

Judges

• COLLOTON, Circuit Judge., Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• J. Mac Morgan, Lake Charles, LA, Mark T. Hamby, argued, Tulsa, OK, for Appellant Andrea Newton.


• For Appellees:
  
• Constance G. Clark, argued, Don A. Taylor, on the brief, Fayetteville, AR, for Appellee GlobalLab Solutions., Roger C. Lawson, argued, Clifford W. Plunkett, C. Aaron Holt, on the brief, Fayetteville, AR, for Appellee Joseph D. Spataro., Lisa A. Weixelman, argued, Jennifer J. Chapin, on the brief, for Appellee Clinical Reference Laboratory.