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Justice Ketanji Brown Jackson of the U.S. Supreme Court wrote the majority opinion, which had unanimous approval from the other justices on the majority of the filing.

In the case of Delaware v. Pennsylvania et al., which involved intangible property escheated to a state, Jackson wrote the opinion. The case concerned a disagreement about whether state was allowed to escheat $300 million in uncashed checks issued by MoneyGram Payment Systems between Delaware and 30 other states.

 

“We hold that the FDA covers the instruments in question and that they should generally escheat to the State of purchase, pursuant to §2503,” Jackson said, adding that there would be an “inequitable” escheatment if only Delaware was permitted to lay claim to the assets.

“When a financial product operates like a money order— i.e., when it is a prepaid written instrument used to transmit money to a named payee—and when it would also escheat inequitably solely to the State of incorporation of the company holding the funds under our common-law rules due to recordkeeping gaps, then it is sufficiently ‘similar’ to a money order to fall presumptively within the FDA,” Jackson explained. “Such is the case with the Disputed Instruments. And nothing in the parties’ arguments, the Special Master’s Second Interim Report, or the record in these cases persuades us that the Disputed Instruments should be deemed ‘third party bank checks.’”

read more here:  https://republicbrief.com/scotus-justice-jackson-flips-on-dems-hands-stunning-victory-to-conservatives/

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