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Unclaimed Property Audits Fourth Amendment

Pillsbury - Gravel2Gavel Construction & Real...

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

Alston & Bird

Third Circuit Continues the Marathon Battle Over Delaware’s Escheat Law

Alston & Bird on

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...more

Alston & Bird

Delaware’s Escheats Law Faces Due Process Challenge

Alston & Bird on

In 2015, following Delaware’s commencement of an unclaimed property audit of Plains All American Pipeline, that holder initiated a lawsuit in the U.S. District Court for the District of Delaware seeking declaratory judgment...more

Pillsbury - Gravel2Gavel Construction & Real...

Third Circuit Breathes Life Into Procedural Due Process Claims In Pipeline’s Case Against Delaware’s State Escheator

In the case of Plains All American Pipeline L.P. v. Cook, et al., decided on August 9, the U.S. Court of Appeals for the Third Circuit largely affirmed the dismissal of Plains All American Pipeline L.P.’s (Plains) complaint...more

Eversheds Sutherland (US) LLP

Unclaimed Property Disputes Over State Priority Take Center Stage, Head to U.S. Supreme Court and the Third Circuit

Disputes over the unclaimed property priority rules continue to intensify. The U.S. Supreme Court accepted review of a clash involving more than 20 states regarding the right to take custody of official checks. ...more

McDermott Will & Emery

New Delaware Unclaimed Property Decision Further Complicates Landscape

McDermott Will & Emery on

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

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