flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement and the other Transaction Documents and the consummation by such Purchaser of the transactions contemplated hereby and thereby or relating hereto do not and will not (i) result in a violation of such Purchaser’s charter documents, bylaws or other organizational documents, if applicable; (ii) conflict with nor constitute a default (or an event which with notice or lapse of time or both would become a default) under any agreement to which such Purchaser is a party; nor (iii) result in a violation of any law, rule, or regulation, or any order, judgment or decree of any court or governmental agency applicable to such Purchaser or its properties (except for such conflicts, defaults and violations as would not, individually or in the aggregate, have a material adverse effect on Purchaser). Such Purchaser is not required to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under this Agreement and the other Transaction Documents nor to purchase the Securities in accordance with the terms hereof, provided that for purposes of the representation made in this sentence, such Purchaser is assuming and relying upon the accuracy of the relevant representations and agreements of the Company herein.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interest in the property.,. 18 U.S.C. § 983 (emphasis added). This “exclusive remedy” is only extended to property owners who are “entitled to written notice,” but “do[] not receive such notice.” 18 U.S.C. § 983(e)(1), (5). Matthews and Owens, to the contrary, actually received notice within weeks of the adoption. The DEA sent three letters to Matthews and four letters to Owens via registered mail (signed and certified return receipts are in the record), and the DEA posted notice of the forfeiture online for 30 days. See, e.g., In re $20,000 in U.S. Currency, 523 Fed.Appx. 322, 323 (6th Cir.2013) (per curiam) (<HOLDING>); United States v. King, 442 Fed.Appx. 212, 213 Options: A. holding that because the property owner argued only a theory of taking that was no longer a valid theory property owner did not demonstrate his entitlement to relief B. holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial C. holding that property owner was not entitled to relief under cafra because he was given sufficient notice of the administrative forfeiture proceeding through certified mail D. holding that property owner was not entitled to relief under cafra because he received notice and failed to properly file a claim E. holding that the biological father was not entitled to notice of adoption proceeding where he failed to properly legitimate his child

assistant: The best answer is D. holding that property owner was not entitled to relief under cafra because he received notice and failed to properly file a claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be assigned by the Company (whether by operation of law or otherwise) without the prior written consent of the Required Stockholders, provided, however, that in the event that the Company is a party to a merger, consolidation, share exchange or similar business combination transaction in which the Common Stock is converted into the equity securities of another Person, from and after the effective time of such transaction, such Person shall, by virtue of such transaction, be deemed to have assumed the obligations of the Company hereunder, the term “Company” shall be deemed to refer to such Person and the term “Registrable Securities” shall be deemed to include the securities received by the Stockholders in connection with such transaction unless such securities are otherwise freely tradable by the Stockholders after giving effect to such transaction.

assistant: Assignments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in certain countries , a number may be made available to you by a skype partner rather than skype , and you may need to enter into a separate agreement with such partner .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: carving out exceptions for certain kinds of markets. E.g., UtiliCorp, 497 U.S. at 216, 110 S.Ct. 2807 (citing Illinois Brick, 431 U.S. at 744, 97 S.Ct. 2061); Del. Valley, 523 F.3d at 1124 (same). Neither do they depend on case-specific factors. See UtiliCorp, 497 U.S. at 216-17, 110 S.Ct. 2807 (observing that Illinois Brick’s rationale “will not apply with equal force in all cases” and that its economic assumptions “might be disproved in a specific case,” but affirming its brightline rule regardless). The exceptions cover situations where either Illinois Brick’s concern over multiple recovery and apportionment does not apply, or its policy of encouraging private antitrust suits would be stymied by mechanical application of its bright-line rule. See Shamrock Foods, 729 F.2d at 1214 (<HOLDING>); Royal Printing, 621 F.2d at 326 n. 7 Options: A. holding that the policy considerations identified in illinois brick do not apply in coconspirator cases B. holding that state substantive rules of decision apply in federal diversity cases C. recognizing that the federal rules of evidence do not apply to sentencing hearings D. holding that federal courts must apply state substantive law in diversity cases E. holding that state courts must apply the federal pleading standard in fela cases

assistant: The best answer is A. holding that the policy considerations identified in illinois brick do not apply in coconspirator cases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in 2004. At a preliminary hearing, the county court found probable cause to believe that Laeke committed the crimes and bound the charges over for proceedings in the district court. A trial court is required to hold a preliminary hearing if there has been no grand jury indictment or preliminary hearing prior to the entry of a plea of NGRIL § 16-8-103@8), C.R.S. (2011). This mandatory hearing operates as a "check" on the People by requiring that there be some showing of evidence that the accused in fact committed the acts al leged before proceedings pursuant to a plea of NGRI may begin. T4 At arraignment, Laeke's attorney sought to enter a plea of NGRI over Laceke's objection, pursuant to section 16-8-108(2), C.R.S. (2011). See Hendricks v. People, 10 P.3d 1231, 1240-41 (Colo.2000) (<HOLDING>). The trial court orally reviewed the NGRI plea Options: A. holding that defense counsel need only consult and be governed by his clients wishes when the question arises as to whether or not a plea of guilty should be entered trial by jury waived or whether the defendant should take the witness stand in his own defense B. holding that defense counsel gathered sufficient evidence to make a reasonable tactical decision not to conduct further investigations into his clients mental health when psychiatric experts interviewed the defendant for more than twenty hours and informed defense counsel that they could not find any basis for a mental defense C. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second D. holding that pursuant to section 168103 a defendant does not have an absolute right to waive the assertion of a mental status defense when such defense is sought by counsel and setting forth a balancing test for trial courts to rule whether the ngri plea is necessary for a just determination under section 1681082 E. holding that a defendant does not have the right to a jury trial where a plea of ngri is entered and the prosecution concedes that the defendant was insane at the time of the offense

assistant: The best answer is D. holding that pursuant to section 168103 a defendant does not have an absolute right to waive the assertion of a mental status defense when such defense is sought by counsel and setting forth a balancing test for trial courts to rule whether the ngri plea is necessary for a just determination under section 1681082
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: An individual shall be disqualified for [unemployment] benefits: (e) For any week with respect to which he or she is receiving or has received remuneration in the form of (1) wages in lieu of notice, or a dismissal or separation allowance, (2) compensation for temporary partial disability under the workers’ compensation law of any state or under a similar law of the United States, (3) primary insurance benefits under Title II of the Social Security Act, as amended, or similar payments under any act of Congress, (4) retirement or retired pay, pension, annuity, or other similar periodic payment under a plan maintained or contributed to by a base period or chargeable employer, or (5) a gratuity or bonus from an employer, paid after termination of employment, on account of prior len 1985) (<HOLDING>). Accord, Wells v. Pete Walker’s Auto Body, 86 Options: A. holding that in absence of statute prohibiting recovery claimant may receive workers compensation and unemployment benefits simultaneously B. holding that pursuant to statute unemployment benefits must be offset against workers compensation payments C. holding that provisions of section 40115102 are applicable to the determination of the status of truck drivers as employees or independent contractors under the workers compensation act and discussing legislative history indicating intent to apply these provisions both to workers compensation and unemployment compensation matters D. holding that legislature clearly intended that workers compensation act and unemployment security act be construed together thus prohibiting worker from receiving both unemployment compensation and workers compensation payments for same period E. holding that claimant may simultaneously receive unemployment benefits and workers compensation for temporary partial disability where statute only precludes receipt of workers compensation for temporary total or permanent total disability if claimant is receiving unemployment benefits

assistant: The best answer is D. holding that legislature clearly intended that workers compensation act and unemployment security act be construed together thus prohibiting worker from receiving both unemployment compensation and workers compensation payments for same period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower and each Guarantor shall have delivered to Lender current financial statements for Borrower and each Guarantor certified to be true, correct and complete. Said financial statements must be current within the last twelve (12) months.

assistant: Financial Statements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Carolina address and received notification that the petition was “not deliverable as addressed, unable to forward.” As to the second method, service through CT Corporation, the Thompsons received notice from CT that it was not Deutsche's agent. Finally, the district court also rejected the Thompsons' third argument, that service on ASC was service on Deutsche. A citation must be "directed to the defendant.” Tex.R. Civ. P. 99(b)(8). The citation to ASC was directed only to it with no mention of Deutsche. Thus, we agree with the district court that Deutsche was never properly served. 6 . The Court need not consider ACS's citizenship, which is unclear from the record, because ACS was not a party at the time of removal. See Badon v. RJR Nabisco, Inc., 224 F.3d 382, 390-91 (5th Cir.2000) (<HOLDING>). 7 . The United States apparently argued in Options: A. holding that a colorable claim was asserted against the nondiverse agent of the insurer blocking removal of the suit to federal court B. holding that the limitation of 1367b applies only to plaintiffs efforts to join nondiverse parties C. holding that were the court to find fraudulent joinder as to a nondiverse defendant on the basis of evidence equally dispositive of the liability of that defendant and a nondiverse defendant a refusal later in the proceedings to give judgment for the diverse defendant on the same grounds in turn would require the court to revisit a ruling that the nondiverse defendant was fraudulently joined D. holding that district court appropriately dismissed suit for lack of subject matter jurisdiction when the case was moot E. recognizing that a case becomes removable when nondiverse parties are dismissed subject to the oneyear limitation on removal

assistant: The best answer is E. recognizing that a case becomes removable when nondiverse parties are dismissed subject to the oneyear limitation on removal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition of receiving any and all amounts payable and benefits or additional rights provided pursuant to this Agreement beyond the Accrued Benefits, the Executive must execute and deliver to the Company and not revoke a general release of claims in favor of the Company in substantially the form attached on Exhibit A hereto (the “ Release ”). The Release must be executed and delivered (and no longer subject to revocation, if applicable) within sixty (60) days following the Executive’s Date of Termination. The Company shall deliver to the Executive the Release for the Executive to execute within five (5) business days following the Date of Termination.

assistant: Releases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that has been or may be reasonably incurred, (b) the loss of use of the land, and (c) discomfort and annoyance to him . as an occupant." (Emphases added). Bonewitz and Dellinger presented evidence regarding the approximate value of their home absent the nuisance, as well as evidence that their home is not currently marketable. Thus, the evidence shows that the home's value has been greatly diminished by its close proximity to Parker's business. A proper measure of damages shall be calculated as the difference between the market value of the Bonewitz home if the Parker By-Products myeceli-um-drying operation ceased and its current market value with an active nuisance next door. See, e.g., Northern Ind. Public Serv. Co. v. W.J. & M.S. Vesey, 210 Ind. 338, 200 N.E. 620, 627 (1936) (<HOLDING>). Further, Bonewitz and Dellinger presented Options: A. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages B. holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market C. holding measure of damages for unabated nuisance affecting greenhouse was the depreciation of the market value by reason of the continuance of a permanent nuisance D. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land E. holding that the measure of damages of converted property is the market value at the time of conversion

assistant: The best answer is C. holding measure of damages for unabated nuisance affecting greenhouse was the depreciation of the market value by reason of the continuance of a permanent nuisance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower, the Lenders party hereto, the Administrative Agent and other parties party hereto agree that on the First Amendment Effective Date, the Credit Agreement shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text ) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text ) as set forth on the pages attached hereto as Exhibit A (the “ Amended Credit Agreement ”).

assistant: Amendments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Agreement, each Contributor Member jointly and severally hereby indemnifies and agrees to defend, through attorneys acceptable to Company, and hold harmless Company, the Manager and their respective affiliates, officers, members, agents, successors and assigns from and against any and all claims, damages, losses and liabilities (including reasonable attorneys’ fees) which may at any time following the date hereof be asserted against or suffered by the Company or the Property after the date hereof as a result or on account of any breach of any warranty, representation or covenant set forth in this Agreement. The indemnification obligations set forth in this Section 6.4 shall be several and not joint with respect to the representations made by each Contributor Member is Sections 6.3(a)-(f). The Company may intervene, in any action or proceeding brought by or against Contributor Member in connection with the performance of Contributor Member’s obligations under the first sentence hereof. Nothing herein contained shall be deemed to qualify the right of Contributor Member to compromise or settle any such action or proceeding brought against it. Contributor Member’s obligations under this Section 6.4 shall terminate on the date that immediately follows the second anniversary of the date of this Agreement.

assistant: Indemnity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Property Manager represents and warrants that it is or shall become fully qualified and licensed, to the extent required by applicable Law, to manage and lease real estate and perform all obligations assumed by the Property Manager hereunder. The Property Manager shall use reasonable efforts to comply with all such laws now or hereafter in effect. If at any time it is determined that the Property Manager does not have all applicable licenses or qualifications, the Property Manager shall be given a reasonable opportunity to cure such deficiency by obtaining any required licenses or permits.

assistant: Representations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the Executive for any expenses that the Executive incurs in connection with his duties under this Agreement, provided that the Executive provides to the Company an itemized written account and receipts acceptable to the Company within a reasonable time after they have been incurred.

assistant: Expenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Interest shall accrue on the unpaid principal balance and any unpaid late fees or other fees under this Note at a rate often percent (10%) per annum until the full amount of the principal and fees has been paid. Interest shall be computed on the basis of a 365-day year for the actual number of days elapsed. Notwithstanding any provision to the contrary herein, in no event shall the applicable interest rate at any time exceed the maximum interest rate allowed under applicable law, as provided in Section 12 below. The entire unpaid principal balance and all accrued and unpaid interest, if any, under this Note, shall be due and payable on the date that is nine (9) months from the date hereof (the “Secured Investor Note Maturity Date”); provided, however, that Investor may elect, in its sole discretion, to extend the Secured Investor Note Maturity Date for up to thirty (30) days by delivering written notice of such election to Company at any time prior to the Secured Investor Note Maturity Date.

assistant: Interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: both sections and unnecessarily requires resolution of a “conflict” between sections 502 and 503. II. CONCLUSIONS OF LAW Pursuant to the above analysis, I mak tions, Inc. (In re CM Holdings, Inc.), 264 B.R. 141, 159 (Bankr.D.Del.2000) (Walsh, C.J.) ("[AJttempts to apply the coercive effect of § 502(d) in an effort to dislodge preference payments by disallowing otherwise legitimate administrative expenses payments under § 503 subverts the priority scheme in bankruptcy to no practical effect.”), with Microage, Inc. v. Viewsonic Corp. (In re Microage, Inc.), 291 B.R. 503, 508 (9th Cir. BAP 2002) ("[Section] 502(d) may be raised in response to the allowance of an administrative claim.”); Tidwell v. Atlanta Gas Light Co. (In re Georgia Steel, Inc.), 38 B.R. 829, 839-40 (Bankr.M.D.Ga.1984) (<HOLDING>). 2 . Those subsections provide: (e)(2) A claim Options: A. holding that 50167c permits the transfer of title to real property if it is necessary to insure payment of alimony B. holding that a guar anty was not a transfer in the context of section 502d C. holding that property seized by a creditor prior to debtors bankruptcy was property of the estate even though creditor the irs held a secured interest a tax lien in the property D. holding that 502d applies to prevent payment of any part of administrative expenses due creditor until preferential property transfer is recovered E. holding that a plaintiff who has not sustained any damage as the result of a transfer of property cannot seek to set that transfer aside as fraudulent

assistant: The best answer is D. holding that 502d applies to prevent payment of any part of administrative expenses due creditor until preferential property transfer is recovered
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: could be sufficiently distant in time and in circumstances from the collective-bargaining process that a rule permitting antitrust intervention would not significantly interfere with that process.” Id. at 250, 116 S.Ct. 2116. As one example of such a sufficiently distant event, the Court cited a “collapse of the collective-bargaining relationship, as evidenced by decertification of the union.” Id.) Brown, 50 F.3d at 1057 (“If employees wish to seek the protections of the Sherman Act, they may forego unionization or even decertify their unions.”); see also NBA v. Williams, 857 F.Supp. 1069, 1078 (S.D.N.Y.1994) (pre dieting the players can avoid the labor injunction if they disclaim the union as their collective bargaining agent); Powell v. NFL, 764 F.Supp. 1351, 1356-57 (D.Minn.1991) (<HOLDING>). When the union no longer represents Options: A. holding that union members had standing to bring rico claims for reduced compensation under collective bargaining agreement B. holding that the ongoing collective bargaining relationship ends and the nonstatutory labor exemption no longer applies when the players vote to repudiate the union C. holding that an employee may sue for breach of a collective bargaining agreement without the union D. holding that the union owes its representatives a duty to enforce the terms of the negotiated collective bargaining agreement E. holding that union members suit based on contract that was independent of a collective bargaining agreement was not preempted and not removable

assistant: The best answer is B. holding that the ongoing collective bargaining relationship ends and the nonstatutory labor exemption no longer applies when the players vote to repudiate the union
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.

assistant: Waiver Of Jury Trials
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Rosales expressed repeatedly that he had not made up his mind and would have to hear all of the evidence before he would make a decision. Scullion stated that he would consider both options after hearing all of the evidence, although he tended towards the death penalty, characterized as a six to seven on a scale of ten. Clark notes that Redford stated that the defense would have more difficulty in convincing him to vote for a life sentence because the victim was a child. Redford stated that he could consider both aggravating and mitigating circumstances, but noted that he had two daughters, and said that crimes against children are worse than crimes against adults. We conclude that the trial court did not abuse its discretion. See McGuire, 110 N.M. at 312, 795 P.2d at 1004 (<HOLDING>); Stamper v. Muncie, 944 F.2d 170, 177 (4th Options: A. holding that trial court did not abuse its discretion in denying motion to continue due to pretrial publicity in part because court instructed jury on three separate occasions to consider only evidence presented in the courtroom B. holding that the district court should have engaged in a more detailed inquiry when pretrial publicity was vast a third of potential jurors had an opinion about the guilt of the defendant and all jurors selected had been exposed to pretrial publicity C. holding that trial court did not abuse its discretion in excusing a juror for cause D. holding that the trial court did not abuse its discretion in refusing to strike for cause two potential jurors who had heard andor read about the case but indicated that they could render a fair and impartial verdict based on the evidence presented E. holding that trial court did not abuse its discretion by denying the defendants motions to dismiss jurors for cause when they all proclaimed that they could be impartial even though one juror admitted to a leaning towards a guilty verdict based upon pretrial publicity

assistant: The best answer is E. holding that trial court did not abuse its discretion by denying the defendants motions to dismiss jurors for cause when they all proclaimed that they could be impartial even though one juror admitted to a leaning towards a guilty verdict based upon pretrial publicity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Interest accruing at the Base Rate shall be due and payable on the last day of each March, June, September and December and on the Revolving Commitment Termination Date and the Maturity Date, as applicable, and, after the Revolving Commitment Termination Date or the Maturity Date, as applicable, upon demand. Interest accruing at a Eurocurrency Rate shall be due and payable on the last day of the applicable Interest Period or, if an Interest Period is in excess of three months, on the date that is three months after the beginning of the Interest Period and after each such interest payment date thereafter, on the last day of the Interest Period and on the Revolving Commitment Termination Date and the Maturity Date, as applicable, and, after the Revolving Commitment Termination Date and the Maturity Date, as applicable, upon demand.

assistant: Interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: hasten her demise, we conclude that the conduct falls within the ambit of comment “f ’ of section 46. Further, comment “e” explains that the unequal position of the parties in a relationship, where one asserts and has the power to affect the interests of the other, may also supply the heightened degree of outrageousness required for a claim of intentional infliction of emotional distress. See Restatement (Second) of Torts, § 46 cmt. e. Liberty Mutual was in such a position in relation to Steadman. Finally, accepting the allegations in the complaint as true, Liberty Mutual’s delay was wholly unjustified because the issue of Steadman’s entitlement to the lung transplant had been litigated, and the JCC had ordered Liberty Mutual to authorize the transplant. See Harris, 510 So.2d at 989 (<HOLDING>). Compare Metropolitan, 467 So.2d at 279 Options: A. recognizing validity of cause of action for intentional infliction of emotional distress B. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute C. holding that the insured sufficiently alleged a cause of action for intentional infliction of emotional distress where the insurer rejected the insureds claim for disability payments without any justification and where coverage had been previously determined to exist D. holding that act did not bar intentional infliction of emotional distress claim E. recognizing the tort of intentional infliction of emotional distress

assistant: The best answer is C. holding that the insured sufficiently alleged a cause of action for intentional infliction of emotional distress where the insurer rejected the insureds claim for disability payments without any justification and where coverage had been previously determined to exist
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Standstill Period, SAF and the Company agree not to (and will cause any Persons acting on their behalf not to) make, or cause to be made (whether directly or indirectly), any statement to any Third Party (including any investor or analyst or other Person who, to the knowledge of the disclosing party, has a material commercial or regulatory relationship with the Company) or any announcement (including in any document filed with or furnished to the SEC or through the media) which constitutes an ad hominem attack on, or otherwise disparages, the other party, its business, operations or financial performance, any actions taken or not taken by it prior to the execution and delivery of this Agreement or during the Standstill Period, or any of its past, present or future directors, officers, employees, advisors or other representatives. Without limiting the foregoing, during the Standstill Period, the New Director shall not publicly comment on any resignation, refusal to stand for re-election or removal or any decision of the Board or any committee thereof regarding the nomination of the New Director for election at any meeting of the Company’s stockholders occurring after the 2016 Annual Meeting. Should the Company be required to make any disclosure under Item 5.02(a) of Form 8-K in connection with the Resignation Letter, the New Director hereby irrevocably elects not to exercise any opportunity to furnish the Company with a letter of the type contemplated by Item 5.02(a)(3)(ii) of Form 8-K.

assistant: Non-Disparagement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any one or more of the provisions contained herein or in the Warrants, or the application thereof in any circumstances, is held invalid, illegal or unenforceable, the validity, legality and enforceability of any such provisions in every other respect and of the remaining provisions contained herein and therein shall not be affected or impaired thereby; provided , that if any such excluded term, provision, covenant or restriction shall materially adversely affect the rights, immunities, duties or obligations of the Warrant Agent, the Warrant Agent shall be entitled to resign immediately. Furthermore, subject to the preceding sentence, in lieu of any such invalid, illegal or unenforceable provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms and commercial effect to such invalid, illegal or unenforceable provision as may be possible and be valid and enforceable.

assistant: Severability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab may now or in the future offer users of the service the opportunity to display , publish , distribute , transmit , broadcast , or otherwise make available on or submit through the service ( collectively , `` submit '' ) user content .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly and validly executed and delivered by Seller and, assuming due and valid authorization, execution and delivery by the Company, this Agreement constitutes a legal, valid and binding obligation of Seller, enforceable against it in accordance with its terms, except as such enforceability may be affected by bankruptcy, insolvency, moratorium and other similar laws relating to or affecting creditors’ rights generally and general equitable principles.

assistant: Enforceability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Seller shall comply in all material respects with each and every Requirements of Law, including those relating to any Purchased Asset and to the reporting and payment of Taxes. No part of the proceeds of any Transaction shall be used for any purpose that violates Regulation T, U or X of the Board of Governors of the Federal Reserve System. Each Seller shall conduct the requisite due diligence in connection with the origination or acquisition of each Purchased Asset for purposes of complying with the Anti-Terrorism Laws, including with respect to the legitimacy of the applicable Underlying Obligor and the origin of the assets used by such Person to purchase the Mortgaged Property, and will maintain sufficient information to identify such Person for purposes of the Anti-Terrorism Laws. Each Seller shall maintain the Custodial Agreement and Controlled Account Agreement in full force and effect. No Seller shall directly or indirectly enter into any agreement that would be violated or breached by any Transaction or the performance by any Seller of any Repurchase Document.

assistant: Compliance With Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: plea agreement,] I wish to withdraw my plea and change my plea to not guilty.” Also, any alleged prejudice suffered as a result of Ledezma’s change of heart was eliminated by his subsequent motion to withdraw the motion to withdraw guilty pleas. In order to connect his attorney’s performance with the revocation of the March plea agreement, Ledezma argues that the apparently unintentional motion to withdraw guilty pleas caused the Government to file the motion to revoke the March plea agreement. A review of the record demonstrates otherwise. The motion to revoke cited Ledezma’s refusal both to stipulate to career offender status and to cooperate fully with law enforcement as the reasons for revoking the March plea agreement. See United States v. Brown, 801 F.2d 352, 354 (8th Cir.1986) (<HOLDING>). Further, Ledezma’s repeated statements that Options: A. holding federal court is not bound by terms of plea agreement between defendant and state authorities B. holding plaintiff not required to perform its residual contract obligations after defendants material breach C. holding that the government was bound by an agreement it treated as binding although it preceded the formal plea agreement D. holding that the court had no jurisdiction over an alleged breach of a plea agreement E. holding that the government is no longer bound by its obligations under a plea agreement when a defendant commits a material breach

assistant: The best answer is E. holding that the government is no longer bound by its obligations under a plea agreement when a defendant commits a material breach
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: seeking another award in 1996 for a scheduled loss under Code § 65.2-503(B). In 1992, Dr. Worland had opined that Childress would not further improve in her ability to use her left and right legs. The commission noted that Gunst joined in a memorandum of agreement establishing Childress’ ratable permanency. In accordance with that agreement, the commission entered an award in 1993 granting Childress permanent partial loss of use benefits based upon “50% loss of use of [her] legs.” The commission’s award was a tacit finding and acknowledgement of Gunst’s agreément that Childress had reached maximum medical improvement. See Code § 65.2-706 (“The award, of the Commission ... shall be conclusive and binding as to all questions of fact.”); see also Hart, 218 Va. at 568, 238 S.E.2d at 815 (<HOLDING>). The commission’s finding that Childress had Options: A. holding that the injury was not inflicted by the defendant when it may have resulted from the actions ie the headbutt of the victim himself B. holding that a notice of claim period did not begin to run until discovery of the injury C. holding that the benefit provided by code 652503 is not awardable until the injury has reached a state of permanency ie maximum improvement D. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence E. holding in a legal malpractice case the statute of limitations is not triggered by a potential injury until the underlying lawsuit is resolved

assistant: The best answer is C. holding that the benefit provided by code 652503 is not awardable until the injury has reached a state of permanency ie maximum improvement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms of the Security Documents, the Agreed Security Principles and Section 5.10(f) , the Parent Borrower will, and will cause each Subsidiary Loan Party to, execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements), which may be required under any applicable law, or which the Administrative Agent may reasonably request, to effectuate the transactions contemplated by the Loan Documents or to grant, preserve, protect or perfect the Liens created or intended to be created by the Security Documents or the validity or priority of any such Lien, all at the expense of the Loan Parties.

assistant: Further Assurances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the English Court, and did not dispute its jurisdiction over him, but did raise numerous defenses during the English Action. The English Court ruled against Mullin on each of the defenses he asserted against his obligation to pay the Equitas Premium, and entered judgment in Lloyd’s favor on March 11, 1998 (the “English Judgment”). To date, the English Judgment remains unsatisfied, and led to the instant matter. On March 8, 2002, Lloyd’s filed its Complaint in this Court, seeking enforcement of the English Judgment against Mullin. Lloyd’s moved for summary judgment thereafter, and the motion is now ripe for a decision. This Court’s jurisdiction is premised on diversity of citizenship, and Pennsylvania law governs. See 28 U.S.C. § 1332; Choi v. Kim, 50 F.3d 244, 248 n. 7 (3d Cir.1995) (<HOLDING>). II. STANDARD OF REVIEW ON SUMMARY JUDGMENT Options: A. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law B. holding that federal courts must apply state substantive law in diversity cases C. holding that state substantive rules of decision apply in federal diversity cases D. holding in diversity cases without any federal question state law governs district courts determination of whether to recognize a foreign country judgment E. holding that the declaratory judgment act as opposed to state law governs cases removed on the basis of diversity jurisdiction under an erie analysis

assistant: The best answer is D. holding in diversity cases without any federal question state law governs district courts determination of whether to recognize a foreign country judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Donnelly, 397 U.S. 286, 296, 90 S.Ct. 1033, 1039, 25 L.Ed.2d 312 (1970) (Harlan, J., concurring) (“[T]he rights of the parties should be considered frozen ... when the transaction is beyond challenge either because the statute of limitations has run or the rights of the parties have been fixed by litigation and have become res judicata.”). As Judge Dennis of the federal Fifth Circuit noted, despite the doctrine of full retroactivity announced in Harper, “[i]t is well established that the effect of even a fully retroactive jurisprudential decision is limited by certain independent overriding legal principles,” such as res judicata and statutes of limitations. Hulin v. Fibreboard Corp., 178 F.3d 316, 323 (5th Cir.1999); see Glazner v. Glazner, 347 F.3d 1212, 1221 n. 5 (11th Cir.2003) (<HOLDING>). The rationale for this limitation is to Options: A. holding res judicata and statutes of limitations necessarily circumscribe the retroactive application of the rule we announce today B. holding that application of res judicata requires that a prior adjudication include a ruling on the merits C. holding that a dismissal on statute of limitations grounds is an adjudication on the merits for purposes of res judicata D. holding no retroactive application E. holding retroactive application

assistant: The best answer is A. holding res judicata and statutes of limitations necessarily circumscribe the retroactive application of the rule we announce today
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is therefore ORDERED, ADJUDGED and DECREED that: 1. The order dismissing case no. 95-03110 is SET ASIDE; 2. The order granting the motion for relief from stay (filed by Jim Walter Homes) in case no. 95-03110 is SET ASIDE; 3. A discharge shall be granted to the debtor in case no. 95-03110 for his successful completion of all payments under his confirmed plan; 4. Jim Walter Homes’ Motion to Dismiss in the pending case is DENIED; and 5. Jim Walter Homes’ Objection to Confirmation in the pending case is OVERRULED. A separate confirmation order will be entered in this case. 1 . At the time of the hearing, the debtor admitted that the home was uninsured. Shortly after the heari scretion in deciding whether to dismiss under § 109(g)(2). E.g., In re Luna, 122 B.R. 575, 577 (9th Cir. BAP 1991) (<HOLDING>); In re Copman, 161 B.R. 821, 823-24 Options: A. holding that the discretionary function does not apply where the decisionmaker lacks authority B. recognizing that the application of a retroactive amendment is discretionary C. holding that discretionary immunity does not apply where plaintiff alleged facts that if true constituted a breach of states duty of reasonable care D. holding that 109g2 does not apply when there was no unresolved motion pending at the time when the debtor sought dismissal E. holding that 109g2 is discretionary and does not apply if mechanical application would lead to unwarranted results

assistant: The best answer is E. holding that 109g2 is discretionary and does not apply if mechanical application would lead to unwarranted results