A federal appeals court Thursday dealt a blow to a whistleblower alleging a wide-ranging kickback scheme at the pharmaceutical company Allergan Inc., ruling the former sales representative is barred from bringing claims because he was not the first to bring the allegations.

The U.S. Court of Appeals for the Second Circuit said a whistleblower who isn’t the first to make allegations under the federal False Claims Act cannot later proceed with a subsequent, amended complaint after the first case is no longer pending. The appeals court overturned a lower judge and instructed the trial court to dismiss whistleblower John Wood’s complaint without prejudice.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]