United States Third Circuit

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Heffner v. Murphy, 12-3591

Summary judgment in favor of plaintiffs holding that several provisions of Pennsylvania's Funeral Director Law (FDL), violate various provisions of the U.S. Constitution is: 1) reversed as to the judgment striking down the FDL's warrantless inspection scheme on Fourth Amendment grounds; 2) reversed as to the judgments concerning plaintiffs' dormant Commerce Clause challenges to certain provisions of the FDL; 3) reversed as to the conclusions that the disputed FDL provisions violate the substantive component of the Due Process Clause; 4) reversed as to the ruling that the Board of Funeral Director's actions unconstitutionally impair plaintiffs' private contractual relations with third parties in violation of the Constitution's Contract Clause; 5) affirmed as to the ruling that Pennsylvania's ban on the use of trade names in the funeral industry runs afoul of First Amendment protections; but 6) reversed as to the ruling that the ban on the payment of commissions to unlicensed salespeople violates the Constitution.

Appellate Information

  • Decided 02/19/2014
  • Published 02/19/2014

Judges

  • McKEE

Court

  • United States Third Circuit

Counsel

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