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Delaware Not Entitled to Seize Funds From Unclaimed Money Orders Purchased Elsewhere, SCOTUS Rules

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Delaware Not Entitled to Seize Funds From Unclaimed Money Orders Purchased Elsewhere, SCOTUS Rules


The Supreme Court docket sided with 30 states that challenged Delaware’s apply of seizing unclaimed funds from prospects of funds large MoneyGram, ruling on Feb. 28 that the cash left over from deserted cash orders could also be taken by the state by which the cash order was bought.

As a result of MoneyGram is included in Delaware, that state reasoned that it was entitled to the deserted funds from unclaimed monetary devices equivalent to cash orders issued by the corporate. Delaware, the house state of President Joe Biden, is a middle for monetary providers corporations and with its business-friendly courts is the place most of the nation’s largest companies are included.

Certainly one of a number of states that don’t levy a retail gross sales tax, Delaware depends closely on unclaimed property to fill its budgetary gaps. Unclaimed property reportedly accounted for $448 million of the state authorities’s $5.4 billion in income in 2021.

Pennsylvania and different states sued to cease Delaware, claiming it was taking the cash in violation of the Disposition of Deserted Cash Orders and Traveler’s Checks Act of 1974, also called the Federal Disposition Act or FDA.

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The brand new determination (pdf) written by Justice Ketanji Brown Jackson, who was appointed final 12 months by Biden, is the primary majority opinion she has authored since becoming a member of the courtroom. The opinion was unanimous.

Beneath the traditional authorized precept of “escheatment,” a state might take custody of property deemed deserted. Though a state might typically take deserted property discovered within the state, Jackson wrote that the Federal Disposition Act typically favors the declare of the state the place the cash order was bought.

Jackson famous that the difficult states stated Delaware took $250 million between 2002 and 2017 below escheatment guidelines however had the FDA statute been adopted, it will have been entitled to maintain solely about $1 million of that whole.

Delaware had argued that the monetary devices in dispute, referred to as “official checks,” weren’t cash orders as a result of they had been offered below totally different names.

A particular grasp appointed by the Supreme Court docket to listen to the case, Choose Pierre Leval of the U.S. Court docket of Appeals for the 2nd Circuit, initially agreed with the difficult states however later modified his thoughts, embracing Delaware’s place that the devices had been “third-party financial institution checks” and never cash orders.

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Jackson disagreed with Leval, saying that the devices had been just like cash orders as a result of they facilitated the cost of a pay as you go sum to a particular particular person.

“The actual query is which variations and similarities matter. And not one of the variations Delaware identifies pertains to the statutory textual content or atypical which means of a cash order, nor do they in any other case undermine the [court’s] evaluation of similarity,” the justice wrote.

As a result of particular person states lack jurisdiction over one another, state courts can not hear circumstances coping with one other state, so the U.S. Structure permits the Supreme Court docket to listen to disputes between states. Exercising its so-called unique jurisdiction, the courtroom agreed to take up the case in 2016.

The lawyer normal of Arkansas, one of many states difficult Delaware, hailed the brand new determination.

“This is a crucial win for Arkansas and our coalition of states,” Tim Griffin, a Republican, stated in a Feb. 28 assertion to The Epoch Occasions.

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“For the previous decade, Delaware has claimed thousands and thousands of {dollars} that rightfully belong to us, and that cash will now go the place it belongs. I’m proud to guide this bipartisan coalition as we applaud at the moment’s unanimous victory within the Supreme Court docket.”

The Epoch Occasions reached out for remark to the counsel of document for Delaware however had not acquired a reply as of press time.

However Brenda Mayrack, director of Delaware’s Workplace of Unclaimed Property, advised The Philadelphia Inquirer that Delaware was “dissatisfied within the ruling.”

Calculating how a lot the state might must pay, includes knowledge from many sources, and “could also be advanced and take a while,” she stated.

The case is Delaware v. Pennsylvania, courtroom file 22O145.

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Delaware

Delaware combatting coastal erosion as $25M Indian River Inlet dredging project advances

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Delaware combatting coastal erosion as M Indian River Inlet dredging project advances


“This project reflects a great team effort, from the time we began hauling sand by truck in the summer to now maintaining efficient round-the-clock operations,” said DNREC Secretary Shawn M. Garvin said in a news release. “We remain committed to getting the work done while continuing to keep the public informed about the project.”

The current DNREC-led phase of the project includes 24/7 dredging and sand placement to rebuild the north side beach and dune. This effort will be followed by a second phase in 2025, led by the U.S. Army Corps of Engineers, to ensure long-term, coastal resilience.

Together, these measures are designed to protect state Rt. 1, which has been repeatedly threatened by storm-related flooding and erosion, including damage from Hurricane Ernesto earlier this year.

The dredging project also includes the restoration of the area’s natural sand bypass system, which moved sediment to nourish the north side beach, addressing years of sand deficits that have left the inlet particularly vulnerable to storm damage.

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As the dredging and nourishment project continues, the north side beach at Delaware Seashore State Park remainsclosed to ensure public safety.

Surfers and beachgoers are encouraged to check for DNREC updates online.



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Philadelphia rings in the New Year with fireworks over the Delaware River

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Philadelphia rings in the New Year with fireworks over the Delaware River


PHILADELPHIA (WPVI) — New Year’s Eve kicked off with a bang over the Delaware River.

“The way they just explode!” said Sarah Cordoba, 9, of Phoenixville, Pa. “It’s like a colorful pop in the air.”

“They were very glittery and colorful,” said 6-year-old Arther Gupta.

He was mesmerized by the fireworks at Penn’s Landing this evening, and so was his family, who had a waterside viewing spot.

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“I had never seen fireworks off of a boat before so that was pretty spectacular,” said his mother Esther Gupta.

This evening’s downpour held off until just after the 6 p.m. fireworks show.

“First time I’ve been down here in a while. He wanted to come and we came out here,” said Lloyd Harris of Philadelphia, who brought his son to the Penn’s Landing fireworks show for the first time.

Some families spent part of their New Year’s Eve together on the ice.

“We’re going to be ice skating, Ferris wheel and then we’re gonna go back to the hotel and have dinner,” said Helena Cordoba of Phoenixville, Pa.

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And as for New Year’s resolutions?

“Stick to exercising on a consistent basis,” said Sarina McGovern of South Philadelphia.

“I think to be more productive,” said 11-year-old Leah Cardoba of Phoenixville, Pa.

“I do need to try to be more patient,” said Brenda Carswell of Woodbridge, Va.

“Honestly it’s to spend more time with my family. I tend to work quite a bit. So it’ll be nice to be home,” said Wendy Wagster of Robbinsville, N.J.

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New Jersey, Delaware among states raising minimum wage in 2025

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New Jersey, Delaware among states raising minimum wage in 2025


Nearly half of U.S. states are set to raise their minimum wage at the outset of 2025, boosting pay for millions of workers stretching from California to Maine.

In all, 21 states will raise their wage floors on Jan. 1 in keeping with inflation-adjusted increases or as part of scheduled hikes that take effect at the beginning of each calendar year.

The pay increases will affect about 9.2 million workers, who will gain a combined $5.7 billion over the course of 2025, according to the left-leaning Economic Policy Institute, or EPI.

After the wave of wage hikes, Washington will become the state with the highest minimum wage, offering workers $16.66 per hour. Workers in California and New York will enjoy the second-highest wage floor, as both states implement a minimum hourly wage of $16.50.

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Pay increases set to take hold in the new year will bring the wage floor to $15 an hour or higher in Washington, D.C., as well as 10 states, among them Delaware, Illinois and Rhode Island. Those areas play host to one of every three U.S. workers, EPI found.

Overall, the states set to raise their minimum wage on Wednesday include: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, Ohio, Rhode Island, South Dakota, Vermont, Virginia and Washington.

The nation’s highest wage floors will take effect in some of the nearly 50 cities and other localities that will impose minimum pay hikes.

Twenty-nine cities in California will see pay hikes, including a $17-an-hour wage floor that will take effect in Oakland. Seven localities in Washington will increase their minimum wage, among them the country’s highest wage floor: $21.10 an hour in Tukwila.

The latest round of pay increases, however, will not affect more than a dozen states concentrated in the South that lack a minimum wage or offer a minimum wage that does not exceed the federal minimum of $7.25 per hour.

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The last federal minimum wage hike took place in 2009, when Congress raised the pay floor to its current level. When adjusted for inflation, the federal minimum wage stands at its lowest level since February 1956, nearly 70 years ago, EPI found.

Copyright © 2024 ABC News Internet Ventures.



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