Legal Opinion
In Re: Diane Malinowski and Stanley Malinowski, Debtor Diane Malinowski and Stanley Malinowski v. New York State Department of Labor
Court of Appeals for the Second Circuit
Decided August 19, 1998No. 1297, Docket 97-5050PublishedCited by 67 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge:
The issue before us is whether the New York Department of Labor may withhold benefits on a January 1996 unemployment insurance claim by Stanley Malinowski, who filed for bankruptcy in January 1995, to recover an overpayment made to Malinowski on a January 1994 unemployment claim. The bankruptcy court held that the Department could withhold the benefits under the doctrine of recoupment, and the district court affirmed. Malinowski and his wife Diane appeal, arguing that the pre-petition and post-petition claims for unemployment insurance benefits are entirely…
2Cases cited17 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Wallace G. Frederick v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Conoco, Inc. v. StylerCourt of Appeals for the Tenth Circuit · 1996
- United States v. Consumer Health Services of America, Inc. And Roger Schlossberg, TrusteeCourt of Appeals for the D.C. Circuit · 1997
12 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- McCoig Materials, LLC v. Galui Construction, Inc.Michigan Court of Appeals · 2012
- Holyoke Nursing Home, Inc. v. Health Care Financing AdministrationCourt of Appeals for the First Circuit · 2004
- Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Sumpter v. DPH Holdings Corp.District Court, S.D. New York · 2012
- Ferguson v. Lion Holdings, Inc.District Court, S.D. New York · 2004
62 more not listed; retrieve them via the Exa API.