Plains All American Pipeline v. Cook — civil — partial reversal — Fisher

After Delaware initiated proceedings to review whether a company’s property was subject to seizure under the state’s escheat law, the company filed suit, alleging various constitutional violations. The district court dismissed the suit, mainly on ripeness grounds because the suit was filed before Delaware assessed liability or sought to make its review findings enforceable. Today, the Third Circuit reversed in part, holding that the company’s as-applied procedural due process claim was ripe, but otherwise affirming. The court declined to affirm the dismissal of the due process claim on alternative grounds, citing circuit precedent that absent exceptional circumstances the court will decline to consider an issue not passed on below and finding no exceptional circumstances.

Joining Fisher were Chagares and Scirica. Arguing counsel were Jeremy Marwell of Vinson and Elkins for the company, Steven Rosenthal of Washington DC for one group of appellees, and Ryan McManus of Boston for another appellee.