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Marathon Petroleum Corp.

Univar, Chapter Two: Only a Pair of Constitutional Claims Survive Dismissal (For Now)

September 20, 2019 By Alston & Bird Tax Team

Our Unclaimed Property Team breaks down the many individual issues at stake in the continuing epic of Univar’s struggle against Delaware and its use of a third-party auditor, and how the courts are deciding in light of earlier Third Circuit rulings. The procedural due process and equal protection claims survive The other claims were dismissed, but could be revived later The next chapter will be set (again) in chancery court Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Delaware, Kelmar, Marathon Petroleum Corp., Third Circuit, Unclaimed property, Univar

Predicting the Possible “Perfect Storm” of Unclaimed Property Trends in 2018

March 14, 2018 By Michael Giovannini and Kendall Houghton

Our Unclaimed Property Group looks ahead to 2018’s perfect storm of holder- and state-initiated litigation and more. Litigation – what happened and what’s next Adopting the Revised Uniform Unclaimed Property Act The ABA’s Model Unclaimed Property Act Delaware’s VDA program Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: ABA, ABA's Model Unclaimed Property Act, Delaware, Delaware qui tam, Escheat, False Claims Act, Litigation, Marathon Petroleum Corp., Marathon Petroleum Corp. v. Cook, New Jersey Unclaimed Property Administration, Plans All American Pipeline, Revised Uniform Unclaimed Property Act, RUUPA, Unclaimed property, unclaimed property litigation, VDA, voluntary disclosure agreements

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

December 11, 2017 By Andrew Yates and Kathleen Cornett

Delaware’s unclaimed property law continues to face challenges in federal court. Our Unclaimed Property Group runs through the latest twist in the ongoing Marathon v. Cook saga at the Third Circuit. Federal common law rule Ripeness of the challenge A dim view of Delaware’s aggressive audits Read the full advisory here. [...]Read more

Filed Under: Unclaimed Property Advisory Tagged With: Delaware's Audit, Delaware's Escheat Law, et al. v. Cook, Federal Common Law Rules, Kelmar, Kelmar Associates, Marathon Petroleum Corp., Private Right of Action, Unclaimed property, unclaimed property statute, US Supreme Court

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