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Posted on July 23, 2019 at 3:00 AM

Last week, the U.S. Court of Appeals for the Ninth Circuit asked for more briefing in Fonseca v. Smith.


This case challenges the constitutionality of the California Uniform Determination of Death Act. While oral argument was six months ago, in January, the court just now issued an order asking the parties to brief:


1.  Whether Appellant Jonee Fonseca’s claims are moot in light of counsel’s admission that an amended death certificate may not affect her likelihood of receiving government benefits or additional insurance coverage.


2.  Whether the court should alternatively affirm on the basis that Appellants failed to state a claim upon which relief can be granted.



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