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25 Nov 2015, 2:04 pm by Ronald Mann
In an unusual twist, though, Merrill Lynch, Pierce, Fenner, & Smith, Inc. v. [read post]
12 Dec 2022, 4:16 pm by Mark Movsesian
[Last week's argument at the Supreme Court in 303 Creative v. [read post]
22 Nov 2024, 3:45 pm by Eugene Volokh
We're trying to block the enforcement of the statute, relying on precedents such as Smith v. [read post]
13 Jan 2014, 4:02 am
As the judge, Stuart-Smith J said: "I would accept that, if damages were an inadequate remedy, the fact that the termination would cause irremediable damage by the destruction of the business would be a relevant matter when considering the balance of convenience, but that is a different question" (emphases added). [read post]
3 Apr 2008, 9:15 am
The wackiness of Watson is not the result but the reasoning:  Watson distinguishes rather than overrules Smith v. [read post]
2 Oct 2018, 7:01 pm by Shea Denning
Smith relied in part on the United States Supreme Court’s reasoning in Musacchio v. [read post]
26 Jun 2024, 6:00 am by Public Employment Law Press
"In determining what constitutes . . . compensation paid in anticipation of retirement, we must look to the substance of the transaction and not to what the parties may label it" (Matter of Green v Regan, 103 AD2d 878, 878-879 [3d Dept 1984]; see Matter of Smith v DiNapoli, 167 AD3d at 1210; Matter of Chichester v DiNapoli, 108 AD3d 924, 925 [3d Dept 2013]). [read post]
26 Jun 2024, 6:00 am by Public Employment Law Press
"In determining what constitutes . . . compensation paid in anticipation of retirement, we must look to the substance of the transaction and not to what the parties may label it" (Matter of Green v Regan, 103 AD2d 878, 878-879 [3d Dept 1984]; see Matter of Smith v DiNapoli, 167 AD3d at 1210; Matter of Chichester v DiNapoli, 108 AD3d 924, 925 [3d Dept 2013]). [read post]