As the statute bars bringing a claim when another claim is pending (even under seal), amendment of claim subsequent to the end of the first-filed suit does not allow the later-filed suit to survive the statutory bar.
http://www.ca2.uscourts.gov/decisions/isysquery/ef543637-0188-4de4-a0a9-d7b548d25e63/2/doc/17-2191_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ef543637-0188-4de4-a0a9-d7b548d25e63/2/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.