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Delaware v. Pennsylvania and Wisconsin
Ongoing case of original jurisdictionConsolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22O145 |
Oct 3, 2022 |
Feb 28, 2023 | 9-0 | Jackson | OT 2022 |
Holding: Recommendations in the Special Master’s First Interim Report concluding that the escheatment of certain financial instruments relevant to this case should follow the Federal Disposition Act are adopted to the extent they are consistent with the court’s opinion, and Delaware’s objections are overruled.
Judgment: Remanded, 9-0, in an opinion by Justice Jackson on February 28, 2023. Justice Jackson delivered the opinion for a unanimous court with respect to Parts I, II, III, and IV–A, and the opinion of the court with respect to Part IV–B, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Kavanaugh joined.
SCOTUSblog Coverage
- In a dispute over uncashed MoneyGram checks, Delaware faces the ire of 30 other states (James Romoser, October 3, 2022)
- Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
- Next term’s docket will include cases on veterans’ benefits, unclaimed MoneyGram checks (Amy Howe, February 22, 2022)
| Date | Proceedings and Orders |
|---|---|
| May 25 2016 | Documents filed with the Special Master may be found on the Special Master's website at http://ww2.ca2.uscourts.gov/specialmaster/special_145.html |
| May 26 2016 | Motion for leave to file a bill of complaint filed. |
| Jun 03 2016 | Brief and Motion for Leave to file Counterclaim filed by Wisconsin. |
| Jun 14 2016 | Brief in response of defendant Pennsylvania filed. |
| Jun 21 2016 | Letter from State of Wisconsin received. |
| Jun 23 2016 | Reply of petitioner Delaware, Plaintiff filed. |
| Jul 06 2016 | Brief amicus curiae of Moneygram Payment Systems, Inc. filed. |
| Aug 01 2016 | Brief amicus curiae of Unclaimed Property Professionals Organization filed. |
| Aug 24 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Oct 03 2016 | The Motion for leave to file a Bill of Complaint and the Motion for leave to file a Counterclaim are granted. This case is consolidated with Original 146 and the parties are allowed thirty days within which to file answers to the Bills of Complaint and the Counterclaims. |
| Oct 10 2016 | Motion For leave to amend Bill of Compliant filed by Arkansas, et al.,. (NOT PRINTED) (VIDED) |
| Oct 28 2016 | Pennsylvania's Answer and Counterclaims to Delaware's Bill of Complaint filed. (VIDED) |
| Oct 31 2016 | Answer of the State of Wisconsin to the Bill of Complaint filed.(VIDED) |
| Nov 01 2016 | Answer to Wisconsin's Counterclaim filed by Delaware (VIDED) |
| Nov 01 2016 | Answer to Counterclaim filed by Arkansas, et al., Plaintiffs. (VIDED) |
| Nov 01 2016 | Answer to Arkansas, et al.'s Bill of Complaint filed by Delaware filed. (VIDED) |
| Nov 07 2016 | DISTRIBUTED for Conference of November 22, 2016. |
| Nov 11 2016 | Motion for leave to file bill of third party complaint filed by defendant Pennsylvania. (VIDED). |
| Nov 18 2016 | Answer to Pennsylvania's Counterclaim filed by Delaware.(VIDED) |
| Nov 28 2016 | The motion of Arkansas, et al., for leave to amend the Bill of Complaint is granted. |
| Dec 06 2016 | It has been suggested that the parties are in agreement on the facts relevant to a decision in this action. If this is the case, the parties are invited to file a stipulation of facts in this Court on or before 60 days from the date of this order. If such a stipulation is filed, the Court will set a schedule for briefing the legal issues. If such a stipulation is not timely filed, a Special Master will be appointed to conduct any necessary discovery and to make proposed findings of fact, and the case will proceed in the usual manner. |
| Dec 28 2016 | Brief of MoneyGram Payment Systems, Inc. in opposition to Motion for Leave to File Bill of Third Party Complaint filed. VIDED. |
| Jan 09 2017 | Motion for leave to amend Bill of Complaint filed by Delaware, Plaintiff. (VIDED) |
| Jan 09 2017 | Motion for leave to amend Countercliam filed by defendant Delaware, (VIDED) |
| Jan 11 2017 | Reply of respondent Pennsylvania in further support of motion for leave to file Bill of Third Party Complaint filed. VIDED. |
| Jan 18 2017 | Response to Delaware's Motion for Leave to Amend Bill of Complaint from Defendant Pennsylvania filed.(VIDED) |
| Jan 24 2017 | Response in opposition to Delaware's motion for leave to amend bill of complaint from Wisconsin filed.(VIDED) |
| Jan 26 2017 | Response in opposition to Delaware's motion for leave to amend counterclaim from Arkansas, et al., filed.(VIDED) |
| Feb 01 2017 | Letter from the Parties in Response to Court's order of December 6, 2016.(VIDED) |
| Feb 03 2017 | Reply Brief in support of Motions for leave to amend Bill of Complaint and Counterclaim filed by Delaware, (VIDED) |
| Feb 15 2017 | DISTRIBUTED for Conference of March 3, 2017. |
| Mar 29 2017 | It is ordered that the Honorable Pierre N. Leval, of New York, New York, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court. |
| Mar 31 2017 | Oath of Special Master filed |
| Jul 27 2021 | First Interim Report of the Special Master received (also as to No. 145, Orig.) |
| Jul 27 2021 | Because the Court has consolidated this case with No. 146, Original, future filings and activity in the cases will now be reflected on the docket of No. 145, Original. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 145. Each document submitted in connection with one or both of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in only one of the cases, the docket entry will reflect the case number in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Oct 04 2021 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. VIDED. |
| Nov 18 2021 | Exceptions to Report of the Special Master and 2 volumes of appendix filed by Delaware. VIDED. |
| Nov 18 2021 | Motion for leave to file Volume III of appendix under seal filed by Delaware. |
| Nov 24 2021 | Brief amicus curiae of American Bankers Association filed. VIDED. |
| Dec 20 2021 | Reply to Delaware's exceptions to Report of Special Master filed by Arkansas, et al. VIDED. |
| Dec 20 2021 | Motion for leave to file Volume III of appendix under seal filed by Arkansas, et al. |
| Dec 27 2021 | Brief amicus curiae of Unclaimed Property Professionals Organization filed. VIDED. |
| Jan 19 2022 | Sur-reply in support of exceptions to the Report of the Special Master filed by Delaware. VIDED. |
| Jan 26 2022 | DISTRIBUTED for Conference of 2/18/2022.. |
| Feb 22 2022 | Motion of Delaware for leave to file Volume III of its appendix under seal GRANTED. VIDED. |
| Feb 22 2022 | Motion of Arkansas, et al. for leave to file Volume III of their appendix under seal GRANTED. VIDED. |
| Feb 22 2022 | The Exceptions to the Special Master Report are set for oral argument in due course. VIDED. |
| Jun 14 2022 | ARGUMENT SET FOR Monday, October, 3, 2022. VIDED. |
| Jul 21 2022 | CIRCULATED |
| Oct 03 2022 | Argued. For Delaware: Neal K. Katyal, Washington, D. C. For Arkansas, et al.: Nicholas J. Bronni, Solicitor General, Little Rock, Ark. VIDED. |
| Dec 13 2022 | Second Interim Report of the Special Master received. |
| Dec 20 2022 | The Second Interim Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by January 10, 2023. Replies, if any, with supporting briefs, may be filed by January 20, 2023. VIDED. |
| Jan 10 2023 | Brief amicus curiae of American Bankers Association supporting neither party filed. VIDED. (Distributed) |
| Jan 10 2023 | Exceptions to the Second Interim Report of the Special Master filed by Arkansas, et al. VIDED. (Distributed) |
| Jan 10 2023 | Exceptions to the Second Interim Report of the Special Master filed by Delaware. VIDED. (Distributed) |
| Jan 20 2023 | Reply to exceptions to Second Interim Report of the Special Master filed by Arkansas, et al. VIDED. (Distributed) |
| Jan 20 2023 | Reply to exceptions to Second Interim Report of the Special Master filed by Delaware. VIDED. (Distributed) |
| Feb 28 2023 | Exceptions to Special Master’s First Interim Report overruled; First Interim Report and order adopted to the extent consistent with this opinion; and cases remanded. Jackson, J., delivered the opinion for a unanimous Court with respect to Parts I, II, III, and IV–A, and the opinion of the Court with respect to Part IV–B, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. VIDED. |
