Ken Strickland-Garcia

Articles by this author

Seventh Circuit Blocks Indiana Parental Notification Statute for Minors Seeking Abortion

On Friday, a 2-1 appellate panel of the Seventh Circuit consisting of Judge Stephen Kanne (dissenting), Judge Illana Rovner, and Judge David Hamilton (authoring the majority opinion) proclaimed that the Marks doctrine barred the...

Court Blocks Defamation Suit Brought Against Doctor for Writing to Review Board

On Thursday, in the Western District of Washington, Judge James L. Robart ruled that the federal Health Care Quality Improvement Act (HCQIA) prevented a doctor from being sued for defamation when presenting to the...

8th Circuit Overturns Arkansas Statute Prohibiting Pre-Viability Abortions for Fetuses Tested Positive for Down’s Syndrome

On Tuesday, the Eighth Circuit declared unconstitutional an Arkansas statute prohibiting abortions at any stage of pregnancy if the consideration for the abortion was rooted in the fetus testing positive for Down’s Syndrome. The...

Shawnee Tribe Wins Injunction Against Treasury Over Failure to Distribute CARES Act Funds

On Tuesday, the D.C. Circuit granted a preliminary injunction for the Shawnee Tribe in Oklahoma freezing $12 million in COVID-19 funds allocated for distribution for tribes experiencing unforeseen pandemic expenses by the Secretary of...

Sovereign Immunity Defense Rejected in Suit to Stop Involuntary ER Detention of Mental Health Patients

On Monday, the New Hampshire Hospital Association (NHHA) avoided dismissal of its District of New Hampshire case against the State of New Hampshire that alleged that the Commissioner of the New Hampshire Department of...

No Summary Judgment in Pharma Org’s Challenge to State Law

On Monday, in the California Eastern District, the Pharmaceutical Research and Manufacturers of America (PRMA) was denied a motion for summary judgment for its requested injunction to block a new California state law requiring...