United States ex rel. Malloy v. Telephonics Corp.

OPINION OF THE COURT

SMITH, Circuit Judge:

I

On April 2, 2001, Appellant John Malloy brought a qui tam suit under the False Claims Act, 31 U.S.C. § 3729 et seq., alleging that his former employer, Appellee Telephonies Corporation (hereinafter “Telephonies”), submitted a false claim to the government in 1991, in violation of 31 U.S.C. § 3729(a)(1),1 and that Malloy was subject to a retaliatory dismissal in July of 1991 based on activity protected by the False Claims Act, in violation of 31 U.S.C. § 3730(h).2 On appeal, Malloy argues that the District Court erred in dismissing his claims as time…