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Opinion Digests

No Medicare Drug Coverage for ‘Off Label’ Use (access required)

An Alexandria U.S. District Court upholds denial of Medicare Part D coverage for myco­phenolate mofetil, brand name CellCept, for off-label treatment of systemic sclerosis with interstitial lung disease and pulmonary fibrosis; although an ALJ found the drug should be covered ...

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Court Vacates Sentence Enhanced for Prior Crime (access required)

The 4th Circuit vacates a defendant’s en­hanced 60-month sentence for illegal reentry into the U.S. based on the district court’s de­termination that defendant’s 1997 aggravat­ed assault conviction in Texas was a “crime of violence” under the reentry sentencing guideline; the ...

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Court Strikes Punitives Claim in Auto Case (access required)

An assertion that defendant is a “life-long opiate addict” who knew his withdrawal symptoms during the 48 hours prior to his traffic accident would include confusion, distractability and “overall impairment of driving ability,” does not state a common law claim ...

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Abused Student Has Negligence Per Se Claim (access required)

In this tort suit against officials of Nor­thumberland High School for damages aris­ing from a school resources officer’s repeat­ed sexual abuse of a 10th-grade student, on school grounds, a Richmond County Circuit Court says plaintiff student and her parents may ...

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