Generics Liability Bill Could Face Uphill Road In Senate

Sen. Leahy plans to introduce legislation to overturn the Supreme Court’s ruling in Pliva v. Mensing; the attorney who represented generic manufacturers in that case says the legislation is unlikely to pass.

Senator Patrick Leahy, D-Vt., may have a tough time pushing through legislation to overturn the Supreme Court’s ruling last year that generic manufacturers cannot be held liable for inadequate label warnings. At least that is the view of Jay Lefkowitz, who represented generic manufacturers in that case, Pliva v. Mensing.

“I don’t think it’s likely to be a successful effort,” said Lefkowitz, a partner at Kirkland & Ellis. “It would...