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STANLEY EX REL. ESTATE OF HALE v. TRINCHARD

No. 08-30899.

579 F.3d 515 (2009)

H.S. STANLEY, Jr., In his capacity as Trustee of the Bankruptcy ESTATE OF Gary Eugene HALE, Plaintiff-Appellant, v. Clare W. TRINCHARD, Esquire; Trinchard & Trinchard LLC; Clarendon National Insurance Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 2009.

Attorney(s) appearing for the Case

Bruce A. Cranner (argued), Miles Paul Clements, Michael H. Pinkerton, Frilot, L.L.C., New Orleans, LA, for Stanley.

Gustave A. Fritchie, III (argued), McDonald Gustin Provosty, Edward W, Trapolin, Irwin, Fritchie, Urquhart & Moore, New Orleans, LA, Brandon A. Brown, Ryan James Richmond, Gordon, Arata, McCollam, Duplantis & Eagan, Baton Rouge, LA, Gerald H. Schiff, Gordon, Arata, McCollam, Duplantis & Eagan, Lafayette, LA, for Clare W. Trinchard and Trinchard & Trinchard, LLC.

David S. Daly, Allen & Gooch, Metairie, LA, for Clarendon Nat. Ins. Co.

Before JONES, Chief Judge, ELROD, Circuit Judge, and GUIROLA, District Judge.

EDITH H. JONES, Chief Judge:

H.S. Stanley, as trustee for the bankruptcy estate of Gary Eugene Hale, appeals a summary judgment from the district court, which held that the estate's legal malpractice claims against Trinchard, Trinchard, & Trinchard LLC ("Trinchard") were time-barred. Because Congress expressed an overriding and unqualified interest in allowing bankruptcy trustees sufficient time to discover causes of action on behalf of their estates, we hold...

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