Friday, August 15, 2014

ABA Journal: Activists Seek to Challenge "Protectionist" Funeral Laws

A recent issue of the ABA Journal reports on the latest efforts to challenge "antiquated" funeral laws, the subject of decision in Heffner v. Murphy, 745 F.3d 56 (3d Cir. 2014): 

"According to [Joshua Slocum, executive director for the nonprofit Funeral Consumers Alliance], most states regulate the funeral business with boards that are packed with established funeral directors. As a result, regulations tend to suppress legitimate complaints and smother new competitors.  That's one of the complaints behind Heffner v. Murphy... that may end up before the U.S. Supreme Court.  Plaintiff Ernest Heffner, a licensed funeral director from York [Pennsylvania] claimed that the Pennsylvania Funeral Directors Law imposes 'arbitrary, burdensome and unreasonable' restrictions on funeral businesses, including who may own funeral homes and requirement for on-site embalming rooms."

According to the ABA Journal, "the libertarian-leaning Institute for Justice has stepped in and petitioned the U.S. Supreme Court for certiorari.  IJ senior attorney Jeff Rowes says the case raises legal issues central to a core mission for the institute: stopping unreasonable regulations on small businesses."  The petition for certiorai was filed July 15, 2014.

For more, read "Regulated to Death: Consumer Activitists Seek Certiorari for Challenge to 'Protectionist' Funeral Laws," by Lorelei Laird.

http://lawprofessors.typepad.com/elder_law/2014/08/aba-journal-activists-seek-to-challenge-protectionist-funeral-laws.html

Advance Directives/End-of-Life, Estates and Trusts, Ethical Issues, State Statutes/Regulations | Permalink

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