ishing, Inc., 372 F2d 213 (9th Cir.1967) (tolling statute of limitations after case improperly filed in state rather than federal court). But see Shofer v. Hack, 970 F.2d 1316, 1319 (4th Cir.1992). In Burnett, the original case was improperly filed in state court and dismissed for lack of venue. Th

ed the action in a "clearly inappropriate forum" because the state clearly lacked jurisdiction over ERISA matters. 970 F.2d at 1319. The court in Shofer distinguished Burnett and Berry finding that in those cases, it was not clearly evident that the original courts were improper. 970 F2d at 1319.