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Mark Erlich, As Chairman of the Board of Trustees of v. Ouellette, Labonte, Roberge and Allen, P.A

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

In this diversity action, we decide when a pension fund’s state-law causes of action against an auditor and an actuary accrued, thus triggering Maine’s six-year statute of limitations. Me. Rev. Stat. tit. 14, § 752 (2003). The district court determined that they accrued at the time of injury and on that basis dismissed the complaints in this case as untimely. Plaintiff New England Carpenters Pension Fund (the “Fund”), invoking Maine’s so-called discovery rule, contends that they did not accrue until its injury was or should have been discovered. Defendants Ouellette, Labonte, Roberge and Allen, P.A. (“Ouellette”) and S.R. Thomas Actuarial Associates, Inc. (“Thomas”), however, say that a discovery rule is unavailable. After review, we affirm based on Maine law.

I. BACKGROUND*fn1

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