112885P.pdf   09/07/2012  Treasurer, Trustees of Drury  v.  Sean Goding
   U.S. Court of Appeals Case No:  11-2885
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Melloy, Author, with Murphy and Gruender, Circuit Judges]
   Civil case - ERISA. District court did not abuse its discretion in
   granting Drury permission to file a late notice of appeal where its attorney
   made an error in calculating the filing deadline and there was no evidence
   of bad faith or prejudice to appellee; employee's law firm's knowledge of
   subrogation provision did not create an implied contract between the law
   firm and Drury where the firm did not make promise to take any action to
   enforce the agreement or assure that the employee abided by it; because
   the law firm dispersed to the employee the funds in which Drury claims
   an interest, any action to recover the money from the firm is legal not
   equitable, and legal actions are not permitted under section 502(a)(3) of
   the Act; claim for conversion of the funds is preempted by ERISA; under
   ERISA, an award of attorneys' fees is permitted where an attorney
   represents his own firm; district court did not abuse its discretion in
   granting the firm's request for attorneys' fees for expenses associated
   with Drury's motion for reconsideration.