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.