Legal Opinion

Martinez v. Dunlop

District Court, N.D. California

Decided March 8, 1976No. C-75-1346 WHOPublishedCited by 4 opinions

1Opinion of the Court

OPINION

ORRICK, District Judge.

This suit challenges the recoupment of overpayments received as unemployment benefits under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 (P.L. 93-567) (the Act). Plaintiff Kenneth R. Martinez brings this action on behalf of himself and a class of all California residents who, through no fault of their own, received overpayment of benefits under the Special Unemployment Assistance Program (SUA) and whose overpayments were recouped without consideration of waiver under applicable state law. Plaintiff contends that by failing to apply…

2Cases cited12 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. McKart v. United StatesSupreme Court of the United States · 1969
  3. Dugan v. RankSupreme Court of the United States · 1963
  4. Kingsbrook Jewish Medical Center v. RichardsonCourt of Appeals for the Second Circuit · 1973
  5. Winnie Mae Knuckles v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1975

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3Cited by4 opinions

  1. Reynaldo Tongol, Plaintiffs-Appellees/cross-Appellants v. William J. Usery, Jr., Defendants-Appellants/cross-AppelleesCourt of Appeals for the Ninth Circuit · 1979
  2. Rosati v. HaranDistrict Court, E.D. New York · 1977
  3. Drumright v. PadzieskiDistrict Court, E.D. Michigan · 1977
  4. O'Connor v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1979

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