In an unusual move, a lawyer in a pending Supreme Court case has informed the justices that there is an error in his brief – a mistake that was pointed out to him by his adversary.

Jay Lefkowitz, a New York partner at Kirkland & Ellis, wrote a letter to Court clerk William Suter on March 11 that a statement he made in his brief in PLIVA Inc. v. Mensing, “no longer appears to be accurate.” The case, consolidated with Actavis Elizabeth v. Mensing and Actavis Inc. v. Demahy, is set for argument March 30. Lefkowitz, who will argue on behalf of drug manufacturers PLIVA and Actavis, wrote that he had been informed about the error in “an e-mail from opposing counsel,” though he did not name the lawyer.

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