August 10, 2018 / 2:05 AM / a year ago

Whistleblower can’t vault first-to-file bar by amending – 2nd Circuit

A federal appeals court on Thursday ruled that a whistleblower suing Allergan Inc could not avoid a ban on pursuing such lawsuits when a similar one has already been filed by amending his complaint following the dismissal of the earlier case.

The 2nd U.S. Circuit Court of Appeals in New York ruled that the language of the False Claims Act made clear that a whistleblower cannot overcome its “first-to-file” bar by revising a complaint.

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