Riddle v. Dyncorp International Inc.
2012 WL 19794
5th Cir.2012Background
- Riddle was a former senior employment manager at Dyncorp.
- He alleges retaliation for protesting delays on a government database project.
- Riddle was terminated on September 21, 2009.
- He filed a retaliation FCA claim on March 18, 2010.
- The district court dismissed as time-barred using a 90-day Texas Whistleblower Act limit.
- Fifth Circuit reverses, holding two-year Sabine Pilot–type analog more appropriate and addresses Dodd-Frank timing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate limitations period for FCA retaliation | Riddle argues FCA retaliation should follow Sabine Pilot two-year limit | Appellees argue TWA 90-day period controls | Two-year Sabine Pilot analog applies |
| Analogy to Texas statute—TWA vs. Sabine Pilot | TWA analogy is inappropriate; Sabine Pilot better fits retaliation | TWA more closely resembles FCA protections | Sabine Pilot analogy chosen; two-year period applies |
| Effect of Dodd-Frank Act on deadlines | Dodd-Frank provides three-year limit; applies retroactively to timely actions | Apply statute in effect at filing; if timely under two-year, still timely; Dodd-Frank not essential to ruling | Dodd-Frank does not revive expired claims; timely under chosen two-year/three-year analyses |
| Timeliness of Riddle's complaint | Filed within 178 days of termination, timely under two-year or three-year limits | Time-bar status urged under district court analysis | Complaint timely under either two-year or three-year framework |
Key Cases Cited
- Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, 545 U.S. 409 (2005) (discusses closest-analog limitations framework for FCA)
- Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985) (supports two-year Sabine Pilot-type wrongful-discharge action)
- Stroud v. VBFSB Holding Corp., 917 S.W.2d 75 (Tex. App. 1996) (analyzes Sabine Pilot-type limitations applicability)
- United States v. Flores, 135 F.3d 1000 (5th Cir. 1998) (timing of applying statutes of limitations based on filing date)
- FDIC v. Belli, 981 F.2d 838 (5th Cir. 1993) (addressed retroactive application of new limitations statutes)
- City of Colorado City v. Ponko, 216 S.W.3d 924 (Tex.App. 2007) (illustrates administrative-remedy impact on limitations in Texas context)