Delaware

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

Published

1 year ago

March 2, 2023

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.

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.

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.

“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.

Source link

Click to comment

Delaware

Delaware State Police investigating fatal car accident in Laurel – 47abc

Published

10 mins ago

May 5, 2024

Press Room

Delaware State Police investigating fatal car accident in Laurel – 47abc

LAUREL, Del. – A single-vehicle crash that claimed the life of one man Saturday evening is now under investigation.

According to police, at 6:48 p.m., a Chevy Trailblazer was headed westbound on Sharptown Road, traveling at high speed. The vehicle swerved off the north side of the road, striking a drainage ditch and overturning before crashing into a utility pole.

The driver, identified as a 27-year-old man from Bloxom, Virginia, was pronounced dead at the scene. His identity is being withheld pending notification of his family.

There was also a male passenger in the car who was transported to a local hospital and remains in critical condition. The passenger has still not been identified.

The roadway at the location of the incident on Sharptown Road, west of Mt. Pleasant Road, was closed for roughly four hours while authorities investigated the scene and cleared the roadway.

Delaware State Police Troop 7 Collision Reconstruction Unit continues to investigate the incident. Troopers ask anyone who witnessed this crash to contact Master Corporal K. Argo at 302-703-3264.

Source link

Delaware

The Spirit of Philadelphia – 40 years of entertaining down the Delaware – The Philadelphia Sunday Sun

Published

7 hours ago

May 5, 2024

Press Room

The Spirit of Philadelphia – 40 years of entertaining down the Delaware – The Philadelphia Sunday Sun

By Kharisma McIlwaine

For years the Spirit of Philadelphia has been a major landmark in Philadelphia.

Year-round, Philadelphians and visitors are greeted by the massive vessel at Penn’s Landing. Originally built in 1988 and located at 401 S. Christopher Columbus Blvd, the Spirit of Philadelphia provides a unique dining experience, combining delicious food and live music as guests cruise the Delaware River.

Now, the Spirit of Philadelphia celebrates 40 years on the Delaware Waterfront. Ryan O’Connor, general manager of City Cruises Philadelphia, spoke with the SUN about the history of Spirit of Philadelphia and the upcoming 40th anniversary celebration.

O’Connor first joined the City Cruises team as an intern in Virginia.

“My journey actually started when Spirit Cruises had their corporate office in Norfolk, Virginia,” O’Connor said. “I started as a sales and marketing intern with the company my spring semester of senior year of college. I had a full-time internship in their corporate office.”

Originally from the Philadelphia area, as a native of Delaware County, O’Connor was able to make the transition with the company to work in his hometown.

“It was a natural fit to come back,” he said. “They hired me full time after I graduated from Virginia Wesleyan University. I started my career down there and then they moved me back to Philadelphia, which is my hometown. So, it was nice to come back. Around 2004, I came back and I’ve been back as the general manager of City Cruises Philadelphia for eight years now. It’s been about 12 years with the company, and I know it well. It’s a wonderful place to work and a great company.”

Philadelphia was one of the first cities that City Cruises chose to start a dinner boat operation. Since then, Spirit of Philadelphia continues to provide unique experiences for guests while cruising on The Delaware River. Those experiences include two-hour brunches, two and a half hour dinner cruises and live entertainment with a DJ and dance floor on board.

In 2019, Spirit of Philadelphia underwent a $1M renovation to further amplify the experiences of everyone on board.

“You’ll see a beautiful refreshed, modern vessel — it’s very clean,” O’Connor said. “We completely painted the exterior of the vessel and really just invested our money in the aesthetics and the looks of the inside. There’s new carpet, new tile and beautiful refacing of the bars with marble bar tops.”

“We know that the Spirit of Philadelphia operating in Philadelphia is a staple and we knew that we wanted to invest money into her to make her look really beautiful and make her be that wonderful venue for any occasion,” O’Connor said. “Whether you’re getting married or celebrating your anniversary, we really strive to create that amazing experience.”

Countless Philadelphians have had wonderful experiences aboard the Spirit of Philadelphia. Those fond memories are sure to continue with the milestone celebration of 40 years on the Waterfront.

“40 years on The Philadelphia waterfront has been spectacular,” O’Connor said. “It truly is a staple in Philadelphia. The amount of people that come up to me when they find out what I do, that have told me that they have been to a wedding on board, a corporate function or that their 8th grade graduation luncheon was on Spirit of Philadelphia — I love hearing all those stories. We have thousands of [crews] out there that have also stepped on board Spirit of Philadelphia and worked with us that we keep in the family. It’s a wonderful experience.”

“Getting ready for the 40th, we have our kick-off event on Thursday, May 12,” O’Connor said. “We’re excited to kick off the season, and we’ll be celebrating the 40th anniversary throughout the entire year. So [there’s] plenty of opportunities for our guests to come on board for brunch cruises. We have bottomless mimosa brunches on Saturdays and Sundays and dinner cruises throughout the week and weekend.

There will be plenty of opportunities to come out and celebrate this milestone with us.”

In addition to the ongoing 40th year celebration, City Cruises Philadelphia is offering an early brunch, a midday brunch and a dinner cruise for Mother’s Day. For more information on City Cruises Philadelphia, visit: www.cityexperiences.com/Philadelphia where you can research the variety of signature cruises offered and book the cruise of your choice. Also be sure to follow @citycruises across social media platforms.

Source link

Delaware

State Police Issue Gold Alert for Missing Dover Man – Delaware State Police – State of Delaware

Published

14 hours ago

May 4, 2024

Press Room

State Police Issue Gold Alert for Missing Dover Man – Delaware State Police – State of Delaware

Date Posted: Saturday, May 4th, 2024

Delaware State Police Troop 3 is issuing a Gold Alert for 41-year-old Joseph Skowronski of Dover, Delaware. Joseph was last seen on May 4, 2024, in the area of the Rodney Village Shopping Center in Dover. Attempts to contact or locate him have been unsuccessful. There is a concern for his safety and well-being.

Joseph is described as a white male, approximately 6’00″ tall, weighing approximately 150 pounds. He was last seen wearing a black jacket and black pants.

Anyone with information regarding Joseph Skowronski’s whereabouts is asked to contact Delaware State Police Troop 3 by calling 302-697-4454, or by dialing 9-1-1. Information may also be provided by contacting Delaware Crime Stoppers at 1-800-847-3333.