New opinions — an en banc maritime appeal and a messy escheat appeal

Joyce v. Maersk Line — maritime — affirmance — Jordan

The en banc Third Circuit today unanimously overruled a circuit-outlier 1990 maritime case and held that “a union contract freely entered by a seafarer — a contract that includes rates of maintenance, cure, and unearned wages — will not be reviewed piecemeal by courts unless there is evidence of unfairness in the collective bargaining process.”

The court granted en banc rehearing sua sponte, after panel briefing but before panel oral argument. Shortly before the scheduled oral argument, the panel appointed Tulane Law professor Martin Davies as amicus curiae to discuss the case it later overruled. Today’s opinion thanked Davies for his “insightful” brief.

As noted the opinion was unanimous. Arguing counsel were Dennis O’Bryan of Michigan for the seaman and John Walsh of New York for the employer.


Marathon Petroleum v. Secretary of Finance — civil — partial affirmance — Jordan

This case arises from unspent money on gas-station gift cards; Delaware wanted to audit the gas-station companies to seize the unspent money as abandoned property. The gas-station companies sued, asserting that the state escheat law is preempted by federal common law. Today, the Third Circuit held that (1) private parties had standing to assert preemption by federal escheatment law, but (2) the companies’ claim was mostly unripe although dismissal should have been without prejudice. The court rejected on the merits the part of the claim that was ripe.

Joining Jordan were Chagares and Krause. Arguing counsel were Diane Green-Kelly of Reed Smith for the gas-station companies and Steven Rosenthal of Loeb & Loeb for the state.