On December 4, 2017, the Third Circuit Court of Appeals vacated the Delaware federal district court’s dismissal of the plaintiffs’ claims in Marathon Petroleum Corp., et al. v. Cook. The court held that the plaintiffs did in fact have standing to challenge a state’s authority to conduct an audit and escheat unclaimed property under the federal common law jurisdictional escheat rules established by the U.S. Supreme Court in Texas v. New Jersey. The court also reaffirmed its prior ruling that the Texas rules constitute the only bases under which states may escheat unclaimed intangible property.