Newton v. Clinical Reference Laboratory, Inc.

COLLOTON, Circuit Judge.

Andrea Newton sued a clinical laboratory, a medical review officer, and the review officer’s employer, alleging negligent performance of a drug test mandated by Newton’s employer. Newton claims that she lost her job because the defendants negligently performed the drug test, and then notified her employer of a positive result. The district court dismissed the complaint with prejudice, on the ground that Newton failed to submit a timely affidavit of an expert witness as required by Arkansas law. In view of an intervening statement of Arkansas law by the Supreme Court of…