United States ex rel. Wood v. Allergan, Inc., No. 17-2191 (2d Cir. 2018)Annotate this Case
A violation of the False Claims Act's (FCA) first‐to‐file bar cannot be remedied by amending or supplementing the complaint. Relator filed a qui tam action against Allergan, alleging that the pharmaceutical company violated the FCA through a kickback scheme. The Second Circuit reversed and remanded with instructions for the district court to dismiss relator's Third Amended Complaint without prejudice. In this case, relator was not the first relator to sue Allergan under the FCA based on the alleged kickback scheme.