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Millions at stake in SCOTUS case of 30 states vs. Delaware

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Millions at stake in SCOTUS case of 30 states vs. Delaware


WASHINGTON (Grey DC) – Thirty states says it’s time for Delaware to pay up.

“On this occasion, the state of Delaware was utilizing unclaimed cash orders that belonged again to different states they had been utilizing it to offset their very own funds,” says Arkansas Lawyer Normal Leslie Rutledge.

Arkansas together with 29 different states are suing Delaware for cashing unclaimed MoneyGrams.

Between $250-$400 million is at stake when justices hear the Supreme Court docket case Delaware vs. Pennsylvania and Wisconsin on Monday.

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“It is a case of unique jurisdiction any time that you’ve a state suing one other state and on this occasion you might have 30 states suing the state of Delaware. That’s why it goes up earlier than the U.S. Supreme Court docket,” stated Rutledge.

The dispute was first filed in 2016 by Pennsylvania towards Delaware involving unclaimed property. Afterwards, 29 different states joined the go well with.

The argument facilities round who has the authority to say uncashed MoneyGram official checks as unclaimed property.

Based on the states the place MoneyGram operates, uncashed “official checks” by MoneyGram are a type of cash order.

Below the Federal Disposition Act (FDA), uncashed cash orders ought to be handed over to the states the place they had been initially bought.

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However, Delaware the place MoneyGram is integrated believes MoneyGram’s “official checks” don’t fall underneath the FDA.

Michael Lurie is counsel on this case, however for this report he spoke as an legal professional who makes a speciality of unclaimed property instances.

“The wrinkle right here is that official checks for MoneyGram don’t say cash order on them, and there’s a query among the many states over whether or not these are cash orders and inside that exception,” stated Lurie. “Or, they return to the overall rule and return to Delaware or the state of incorporation.”

In Might of final 12 months, a SCOTUS-appointed Particular Grasp Decide dominated in Pennsylvania’s favor conclusively figuring out the disputed MoneyGram “official checks” ought to be returned to the state the place they had been initially bought in compliance with the FDA.

When this case goes earlier than justices it is going to be among the many first instances to be heard by Affiliate Supreme Court docket Justice Ketanji Brown Jackson.

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Delaware

Top Delaware Court Tosses Voting Law Challenge – Law360

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Top Delaware Court Tosses Voting Law Challenge – Law360


By Leslie A. Pappas (June 28, 2024, 8:38 PM EDT) — Delaware’s Supreme Court on Friday reversed a Superior Court strike-down of two state statutes on voting procedures, finding that the plaintiffs had no standing to sue because they hadn’t shown any “imminent, particularized” harm….

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Delaware

Reading man arrested for shooting in Delaware

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Reading man arrested for shooting in Delaware


A Reading man was arrested last week for a shooting earlier this month at a Red Roof Inn & Suites in New Castle, Delaware.

Erickson Acuapa, 21, of Reading, was arrested in Wyomissing for the shooting that took place June 16, Delaware state police said.

Acuapa was arrested by Wyomissing police and later extradited to Delaware and taken into custody by Delaware state police.

He was charged with assault, possession of a firearm while committing a felony, and reckless endangerment.

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According to a press release:

At 3:33 a.m. troopers responded to reports of the shooting at 1612 N. Dupont Highway.

When troopers arrived on the scene, they learned that a 20-year-old male victim had been taken to a local hospital for a non-life-threatening gunshot wound to the arm.

A preliminary investigation revealed that several people gathered at the motel after attending a local concert.

During this gathering, the victim and unknown suspect engaged in an argument. The altercation escalated, and the suspect fired a shot at the victim before fleeing the scene.

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An investigation by detectives identified the suspect as Erickson Acuapa.

On June 19, Acuapa was located in Wyomissing and taken into custody by the Wyomissing Police Department.

Following his extradition to Delaware, Acuapa was arraigned by Justice of the Peace Court 2, and committed to Howard R. Young Correctional Institution on a $138,000 cash bond.



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Delaware

Del. Supreme Court restores early voting access and permanent absentee voting

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Del. Supreme Court restores early voting access and permanent absentee voting


Delaware Supreme Court justices heard arguments in the case earlier this month.

Former judge and chair of the Delaware Republican Party Jane Brady argued the case on behalf of Hocker and the elections inspector. She said the state’s constitution specifies only one day that the election can be held, making early voting unconstitutional. She also argued that the language in the constitution requires voters to apply for an absentee ballot for each election.

“We claim that the statutes on their face are unconstitutional. They don’t comply with the language in the constitution,” she said. “Clearly, the drafters intended to address two issues: the time of the election and the manner of the election.”

Former U.S. Solicitor Donald Verrilli, representing the state, countered by arguing that both permanent absentee and early voting are employed in many other states across the U.S. and are consistent with Delaware’s Constitution and within the power of lawmakers to enact.

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“Article Five, Section One [of the state constitution] provides an express delegation to the General Assembly to prescribe the means, methods and instruments of election to further a whole set of important goals,” he said. “That seems to me to be a structural indication that the Legislature has broad power here to set the means and methods of elections.”

This is a developing story and will be updated.



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