Attorney Liability - ERISA Claim - Prescription - Appeal

Mr. McReynolds handled the appeal when a plaintiff’s suit against an attorney for allegedly failing to prosecute his claim for ERISA benefits was dismissed at the close of the plaintiff’s case. The appeals court affirmed, holding that the plaintiff’s claim was under ERISA and subject to a ten-year period of limitations, and was 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.