The two dozen funeral directors who allege that Pennsylvania’s Funeral Director Law is largely unconstitutional won on all but one claim after five years of litigation in the district court.
But, "the fat lady hasn’t sung yet," Third Circuit Chief Judge Theodore A. McKee told the directors’ lawyer, James Kutz, who had noted their success at the trial court. The Pennsylvania Board of Funeral Directors and the various state officials against whom the case was brought appealed the decision of U.S. District Judge John E. Jones III. So, McKee reminded Kutz, "It’s not really over."
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