Attorney Malpractice - ERISA Claim – Prescription

Plaintiff’s suit against attorney for allegedly failing to prosecute his claim for ERISA benefits was dismissed at close of plaintiff’s case. The appeals court affirmed, holding that plaintiff’s claim was under ERISA and subject to a ten year period of limitations, and wase not a "hybrid" claim under Section 301 of the Labor Management Relations Act (LMRA), which may be subject to six-month periods of limitation.

Ferrell v. Estate of Donovan, 00-935 (La. App. 5 Cir. 11/2/00), 772 So.2d 260, writ denied, 00-3186 (La. 1/12/01), 781 So.2d 562.