Third Circuit Rejects Relator’s Bid For Dodd-Frank Retroactivity

On April 13, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of a relator's retaliation claims as time-barred, holding that the three-year statute of limitations applicable to such claims as a result of the Dodd-Frank Act does not apply retroactively.  In U.S. ex. rel. Sefen v. Animas Corp., 2015 WL 1611698 (3d Cir. Apr. 13, 2015), the Third Circuit observed that before Dodd-Frank, the False Claims Act did not have an explicit statute of limitations applicable to retaliation claims.  Accordingly, courts would apply the most closely analogous state limitations period.  The relator's claims against Animas and Johnson & Johnson were clearly time-barred under both of the two potentially applicable Pennsylvania limitations periods.