DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

071111P.pdf   02/22/2008  Andrea Newton  v.  Clinical Reference Laboratory
   U.S. Court of Appeals Case No:  07-1111
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Colloton, Author, with Murphy and Melloy, Circuit Judges]
   Civil Case - diversity - medical negligence. Dismissal of complaint for
   failure to comply with Arkansas statute requiring filing of medical
   affidavit within 30 days is reversed, as Arkansas Supreme Court's
   subsequent ruling striking statute as unconstitutional eliminates rationale
   for dismissing the complaint. Application of subsequent court decision,
   raised for the first time in a reply brief, is not precluded.