A federal appeals court has declined to revive a lawsuit by Marathon Petroleum challenging Delaware’s unclaimed property law that the state is using to try to seize unused gift cards, ruling its claims for federal common law preemption are premature now but may be viable in the future.
In a decision on Monday, a unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals said Marathon’s claims are unripe because the state of Delaware has not taken actions to enforce a request for documents from the company relating to unredeemed gift cards. The panel, however, reversed a lower court’s order that had dismissed the company’s lawsuit without leave to amend.
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