ND Texas refuses to reconsider 90-day limitations period for retaliation claim under FCA

by Ben Vernia | January 20th, 2011

District Judge Sam Lindsay, in a January 14 decision in Riddle v. Dyncorp Int’l, declined to reconsider his August 19, 2010, opinion dismissing a plaintiff’s retaliation claim for failure to comply with a 90-day statute of limitations borrowed from Texas state law. In his earlier decision, Judge Lindsay rejected the plaintiff’s claim that the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203 (2010), which provides for a 3-year statute of limitations on 3730(h) claims, applied. Instead, he noted then, the Act – passed after the plaintiff filed suit – was specific that it had only prospective effect.

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