A Delaware federal judge has dismissed a challenge to the state’s controversial system for collecting unclaimed property, finding that, though the case was ripe for review, the plaintiffs could not state a claim that the scheme was pre-empted by federal common law or that it ran afoul of Fourth Amendment protections.
U.S. District Judge Leonard P. Stark of the District of Delaware dismissed on Sept. 23 a complaint by Marathon Petroleum Corp. and Speedway, which sought to block the state from enforcing a summons to turn over documents as part of a nine-year audit of the companies’ compliance with Delaware’s escheat laws.
