LOCAL 1064, RWDSU AFL-CIO v. Ernst & Young

The issue here is whether an accountant may assert the malpractice *334period of limitation as an affirmative defense to liability. The majority holds that if someone, somehow, sometime, somewhere, and in some source, labeled an action against a member of the same occupation as defendant a "malpractice” claim, then the two-year malpractice period of limitation will apply. Statutes of limitation are premised on the idea that there should be a bright-line cut-off date to potential litigation. I dissent because I believe that the majority’s holding unnecessarily confuses and obscures the rules of…