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 case excerpt and choose the best holding from the options. Case excerpt: products are more likely to be found in the field of prescription drug products”). Though that may be the case, comment k certainly does not foreclose the possibility of extending its reach to medical devices. See Clark v. Danek Med., Inc., 1999 WL 613316, *4 (WD.Ky. Mar. 29, 1999) (stating that a spinal fixation device implant “is the sort of desirable but unavoidably unsafe product described by the Restatement (Second) of Torts, § 402A, comment k”); Plenger v. Alza Carp., 11 Cal.App.4th 349, 357-58, 13 Cal.Rptr.2d 811 (Cal.Ct.App.1992) (applying comment k to a prescription implanted medical device, reasoning that it was more analogous to a pharmaceutical than other medical devices, such as a wheelchair); Breen v. Synthes-Stratec, Inc., 108 Conn. App. 105, 947 A.2d 383, 388 (2008) (<HOLDING>). Rather, comment k operates when the product Options: A. holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense B. holding that prescription is stricti juris C. holding that comment k is not limited to prescription drugs but also is applicable to medical devices such as the plates implanted in the plaintiffs body D. holding that the penalty is applicable E. holding that a medical opinion is adequate where it is based upon the veterans medical history examinations and the also describes the disability in sufficient detail

assistant: The best answer is C. holding that comment k is not limited to prescription drugs but also is applicable to medical devices such as the plates implanted in the plaintiffs body
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: held that any challenge to counsel’s performance must be reviewed on direct appeal. Id. at 187. Petitioner’s reliance on Geist misses at least two marks. First, unlike a proceeding for termination of parental rights, in which the state brings the direct weight of its power to bear on parents who risk losing the fundamental right of parenthood, id. at 186, petitioner has been convicted of a crime in an underlying proceeding. In contrast to the challenge of the defending parent in Geist, petitioner’s motion did not address the performance of counsel in the underlying proceeding that resulted in a deprivation of his liberty interests. Here, unlike in the criminal proceeding, petitioner is the party who is ultimately responsible for prosecuting the action. See McClure, 110 Or App at 123-24 (<HOLDING>). In sum, this is a collateral civil Options: A. holding statute of limitations for filing petition for postconviction relief not tolled by general savings statute tolling limited to reasons enumerated in state postconviction relief act B. holding that a postconviction petitioner is responsible for filing the petition and selecting the issues for litigation C. holding filing of motion for reconsideration does not toll the 30day deadline for filing petition for review D. holding that time limit for filing petition for review is mandatory and jurisdictional E. holding that untimely petition for postconviction petition divests trial court of jurisdiction

assistant: The best answer is B. holding that a postconviction petitioner is responsible for filing the petition and selecting the issues for litigation
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: for Lutherans v. Brock, 251 S.W.3d 621, 627 (Tex.App.Houston [1st Dist.] 2007, no pet.); Prudential Sec., Inc. v. Vondergoltz, 14 S.W.3d 329, 331 (Tex.App.-Houston [14th Dist.] 2000, no pet.). But see 209 S.W.3d 888, 895. This is the identical conclusion reached by the state supreme courts that have considered the question. See, e.g., Me. Dep’t of Transp. v. Me. State Employees Ass’n, 581 A.2d 813, 815 (Me.1990) (stating that “[t]o allow a party to appeal before the rehearing by simply filing a motion to confirm, a motion that would be denied by the court in conjunction with its order vacating the award and directing a rehearing, would be to circumvent [provisions equivalent to TAA (a)(5) ]”); Karcher Firestopping v. Meadow Valley Contractors, Inc., 204 P.3d 1262, 1265-66 (Nev.2009) (<HOLDING>); Double Diamond Constr. v. Farmers Coop. Options: A. holding such denial to be an immediately appealable collateral final order B. holding that the supreme court has final appellate review of agency decisions C. holding that an appellate court cannot consider an issue that was not preserved for appellate review D. holding that the appellant developed his argument sufficiently to raise the issue for appellate review E. holding that such an order is not sufficiently final to be suitable for appellate review

assistant: The best answer is E. holding that such an order is not sufficiently final to be suitable for appellate review
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: for example , if you use evernote basic , you will not enjoy all of the benefits provided to subscribers of evernote plus , evernote premium or evernote business .

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: The Stockholder has legal right and capacity, to execute and deliver this Agreement, to perform the Stockholder’s obligations hereunder and to consummate the transactions contemplated by this Agreement. The execution and delivery of this Agreement by the Stockholder and the consummation of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary action of the Stockholder, and no other proceedings on the part of the Stockholder or any Affiliate thereof are necessary to authorize the execution and delivery of this Agreement or to consummate the transactions contemplated by this Agreement. This Agreement has been duly executed and delivered by the Stockholder and, assuming the due authorization, execution and delivery by the Company, this Agreement constitutes a valid and binding obligation of the Stockholder, enforceable against the Stockholder in accordance with its terms (except to the extent that enforceability (a) may be limited by applicable bankruptcy, insolvency, fraudulent transfer, moratorium, reorganization or similar Laws affecting or relating to creditors’ rights generally (whether now or hereafter in effect) and (b) is subject to general principles of equity).

assistant: Authorizations
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 Multiparty Guaranty is a continuing and irrevocable guaranty of all Secured Obligations now or hereafter existing and shall remain in full force and effect until the Facility Termination Date (whereupon the Guarantors’ obligations under this Multiparty Guaranty shall terminate, other than contingent indemnification obligations and subject to the following sentences). Notwithstanding the foregoing, this Multiparty Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or a Guarantor is made, or any of the Secured Parties exercises its right of setoff, in respect of the Secured Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Multiparty Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of each Guarantor under this subsection shall survive termination of this Multiparty Guaranty.

assistant: Terminations
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: Executive's employment duties and responsibilities will be those designated to him or her, from time to time, by Company and will, in all respects, be consistent with the duties and responsibilities of an individual serving as a full time officer of Company. Executive will, at all times during the Term, comply with all ethics and employment policies of Company applicable to full time officers of Company, as such policies may be amended by Company from time to time, including, but not limited to any policy requiring ownership of Company equity by officers of Company. When performing his or her duties hereunder, Executive shall report to such executive officer of the Company as may be designated by Company. Executive agrees to devote his or her entire professional time, energy, and skills to such employment during the Term. During the Term, Executive’s principal office, and principal place of employment, shall be in Southeast Florida.

assistant: Duties
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: alters two quantities: (1) the amount of the ereditoFs claim against the estate on the petition date and (2) the amount of collateral securing the creditor’s claim on the petition date. Those two quantities ultimately determine the extent to which a creditor is secured for purposes of § 547(b)(5). (i) TCFC’s Claim Against the Estate In this case, had the payments not been made, Smith’s would have owed TCFC $10,728,809.96 (its actual claim on the petition date) plus $12,842,438.96 (the amount of antecedent debt paid in the preference-period transfers), or a total of $23,571,248.92. Thus, TCFC’s hypothetical claim against the estate, in an analysis under § 547(b)(5), is $23,571,248.92. See Henderson v. Nat’l Bank of Commerce (In re Al-Ben, Inc.), 156 B.R. 72, 75 (Bankr. N.D.Ala.1991) (<HOLDING>); see also, e.g., Gray v. A.I. Credit Corp. (In Options: A. holding that the relevant time of inquiry is the date of the filing of the complaint B. holding that the creditors claim on the petition date for purposes of a 547b5 analysis was the unpaid balance of the store loans as of the filing date plus the total amount of the alleged preferential payments C. holding trial court did not abuse its discretion in finding the date of filing the petition for dissolution as the valuation date for equitable distribution D. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act E. holding that the right of the debtor to claim property as exempt is generally determined on the facts as they exist on the date of the filing of the petition

assistant: The best answer is B. holding that the creditors claim on the petition date for purposes of a 547b5 analysis was the unpaid balance of the store loans as of the filing date plus the total amount of the alleged preferential payments
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: Blieden, Francis Keffler, Mark Phillips, Carlos Montoya, and Ann Jodway to expose “their inconsistencies, and bias.” Kreso does not explain who these witnesses are, at what stage in the proceedings they testified, or what he believes to be their alleged inconsistencies and biases. In discussing this claim, the district court concluded several of. these witnesses did not testify at the DAB hearing either because Kreso successfully had them removed from the witness list or because Kreso made no effort to obtain their testimony at the hearing. In his opening brief, Kreso does not identify the efforts he undertook to call the remaining individuals as witnesses at the DAB hearing, or how any such efforts were thwarted by the VA. See West v. Grand Cty., 967 F.2d 362, 369 (10th Cir.1992) (<HOLDING>). In his reply brief, however, Kreso asserts he Options: A. holding that plaintiff did not receive adequate process during posttermination hearing because she was not given opportunity to crossexamine witnesses accusing her of drinking on the job and coming to school inebriated B. holding the government was required by law to correct a defendants misrepresentations at a sentencing hearing and doing so did not violate the plea agreement C. holding a due process claim failed because the plaintiff did not seek to require a witnessess attendance at a posttermination grievance hearing and was not inhibited or restricted from doing so D. holding that due process does not require the state to provide an impartial decisionmaker at the pretermination hearing where posttermination remedies are available E. holding that a limited pretermination hearing was sufficient where it was followed by a more comprehensive posttermination hearing

assistant: The best answer is C. holding a due process claim failed because the plaintiff did not seek to require a witnessess attendance at a posttermination grievance hearing and was not inhibited or restricted from doing so
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 Section 4.4 and any rights provided for with respect to a class or of Partnership Units not specifically contemplated herein, and after giving effect to the special allocations set forth in Sections 5.1(c), 5.1(d), and 5.1(e), Profits and Losses will be allocated among the Partners in each taxable year (or portion thereof) as provided below.

assistant: General
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: Upon the exercise of a SAR, a member of the plc Group shall pay to the Participant an amount equal to the number of shares subject to the SAR that are being exercised multiplied by the excess, if any, of the Fair Market Value of one Share on the exercise date over the Strike Price, less an amount equal to any income and employment taxes, National Insurance or other social security contributions required to be withheld. A member of the plc Group shall pay such amount in cash, in Shares valued at Fair Market Value, or any combination thereof, as determined by the Committee.

assistant: Payments
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 of the parties hereto represents and warrants to the other as follows: (a) it has the legal power, right and authority to enter into this Fifth Amendment; (b) all requisite action (corporate, trust, partnership or otherwise) has been taken by it in connection with the entering into of this Fifth Amendment and no further consent of any partner, shareholder, creditor, investor, judicial or administrative body, government authority or other party is required, including without limitation, any lender, or if any such consent is required, such consent has been obtained; (c) the individuals executing this Fifth Amendment have the legal power, right, and actual authority to bind it to the terms of this Fifth Amendment; and (d) it understands that the other party is relying on the foregoing representations in entering into this Fifth Amendment, and that the other party would not enter into this Fifth Amendment without such representations. Landlord represents to Tenant that there are not any Superior Holders as of the date of this Fifth Amendment.

assistant: Authority
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 be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract, and shall become effective as provided in Section 5.04 . Delivery of an executed counterpart to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed original.

assistant: Counterparts
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: informed the HR Department about Ceinos’ alleged harassment, despite knowing the mechanisms available within Ex-Lax. Moreover, according to Acevedo, he was unaware that the maintenance and engineering incidents that occurred at the plant were attributed to him. Insofar as the gist of his opposition to Ex-Lax’s motion is that he was never advised that said incidents could lead to his dismissal, Acevedo is now barred from claiming that he was harassed by the same conduct he claims was never effectively brought to his attention. As such, Plaintiffs’ harassment claims are DISMISSED with prejudice. Supplemental law claims Having dismissed Plaintiffs’ federal law claims against Ex-Lax, Plaintiffs’ state law claims are also dismissed. See Newman v. Burgin, 930 F.2d 955, 963 (1st Cir.1991) (<HOLDING>). Conclusion In light of the foregoing, Options: A. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power B. holding that no substantial question of federal law was required to be answered to determine the plaintiffs statelaw legal malpractice negligence and breach of contract claims C. holding that the power of a federal court to hear and to determine statelaw claims in nondiversity cases depends upon the presence of at least one substantial federal claim in the lawsuit and the district court has considerable authority whether or not to exercise this power in light of such considerations as judicial economy convenience fairness to litigants and eomity D. holding that the power of a federal court to hear and to determine statelaw claims in nondiversity cases depends upon the presence of at least one substantial federal claim in the lawsuit E. holding if the legislature had the power to confer upon the county commissioners jurisdiction to hear and determine the question as to whether or not a town was of undue extent and to deprive it of a part of its territory then the proceeding being statutory before a body of limited powers the record must show affirmatively that such a case was brought before them as they were authorized to hear and determine and that all the jurisdictional facts were found to exist where the jurisdiction and power to hear and determine depends upon the existence of a fact that fact must appear or the proceedings are coram non judice and void

assistant: The best answer is D. holding that the power of a federal court to hear and to determine statelaw claims in nondiversity cases depends upon the presence of at least one substantial federal claim in the lawsuit
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: Immediately prior to the sale or contribution of such Originator’s right, title and interest to, in and under a Transferred Receivable originated by such Originator, the Related Security relating thereto and the Collections thereof by such Originator hereunder, such Originator shall have good and valid rights in or the power to transfer such Transferred Receivable, the Related Security relating thereto and the Collections thereof and title to such Transferred Receivables, the Related Security relating thereto and the Collections thereof to be sold or contributed, free and clear of all Liens (other than Liens to be released upon the transfer of such Transferred Receivable), and each such sale or contribution hereunder constitutes a valid sale or contribution, transfer and assignment of all of such Originator’s right, title and interest in, to and under such Transferred Receivables, Related Security relating thereto and Collections thereof contributed by it, free and clear of any Liens. On or before the date hereof and before the generation by such Originator of any new Transferred Receivable after the date hereof to be sold or contributed or otherwise conveyed hereunder, all financing statements and other documents, if any, required to be recorded or filed in order to perfect and protect Transferee’s ownership interest in such Transferred Receivable, Related Security relating thereto and Collections thereof against all creditors of and purchasers from such Originator will have been duly filed in each filing office necessary for such purpose, and all filing fees and taxes, if any, payable in connection with such filings shall have been paid in full.

assistant: Titles
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: wireless service industry in the processing of requests, or to subject their request to any but the generally applicable time frames for zoning decisions. H.R. Conf. Rep. No. 104-458, at 208 (1996) (emphasis added). Indeed, as one court has noted, “[t]here is nothing to suggest that Congress, by requiring action ‘within a reasonable period of time,’ intended to force local government procedures onto a rigid timetable .” Sprint Spectrum, L.P. v. City of Medina, 924 F.Supp. 1036, 1040 (W.D.Wash.1996); see also Sprint Spectrum L.P. v. Zoning Hearing Bd., 43 F.Supp.2d 534, 537 (E.D.Pa.1999) (interpreting the Telecommunications Act’s rea-gonable-period-of-time requirement to be congruent with a state statute imposing a 60-day time limit); Flynn v. Burman, 30 F.Supp.2d 68, 74 (D.Mass.1998) (<HOLDING>). Thus, under the Telecommunications Act, state Options: A. holding that a mere showing facilities were permitted in different locations within a district was not unreasonable discrimination under the telecommunications act as a matter of law B. holding that plaintiffs complaint failed to state a claim under section 1 of the sherman act C. holding our habitual offender act does not limit enhancement to prior felony convictions within a certain time D. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective E. holding that a local commission had not failed to act on an application within time limit set by state law and consequently had not failed to act within a reasonable time under telecommunications act

assistant: The best answer is E. holding that a local commission had not failed to act on an application within time limit set by state law and consequently had not failed to act within a reasonable time under telecommunications act
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: Upon satisfaction of the conditions precedent contained in Section 2 below, the Lenders hereby waive the requirement that the Net Cash Proceeds of the German Subsidiary Sale (the “German Subsidiary Sale Proceeds”) be used to prepay the Loans or to be reinvested as provided in Section 2.05(b)(i) of the Credit Agreement. The foregoing waiver of the application of the German Subsidiary Sale Proceeds is limited to the application of the German Subsidiary Sale Proceeds and to no other matter. By providing the forgoing waiver the Lenders are not agreeing to provide any waivers or consents in the future.

assistant: Waivers
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: (a) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns, including, without limitation, any corporation or person which may acquire all or substantially all of the Company's assets or business, or with or into which the Company may be consolidated or merged. This Agreement shall also inure to the benefit of, and be enforceable by, the Executive and his personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive should die while any amount would still be payable to the Executive hereunder if he had continued to live, all such amounts shall be paid in accordance with the terms of this Agreement to the Executive's beneficiary, devisee, legatee or other designee, or if there is no such designee, to the Executive's estate.

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 legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to have a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of ASC 715-30 (formerly Statement of Financial Accounting Standards No. 87)) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $50,000,000 the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of ASC 715-30 (formerly Statement of Financial Accounting Standards No. 87)) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $50,000,000 the fair market value of the assets of all such underfunded Plans.

assistant: Erisa
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 Party acknowledges that the Parties will be irreparably harmed and that there will be no adequate remedy at law for any violation by any Party of any of the covenants or agreements contained in Section 6.18 of this Agreement. It is accordingly agreed that, in addition to any other remedies which may be available upon the breach of any such covenants or agreements, each of the Parties shall be entitled to equitable relief, without proof of actual damages, including an injunction or injunctions or orders for specific performance to prevent breaches of this Agreement and to enforce specifically the terms and provisions of Section 6.18 of this Agreement, in addition to any other remedy to which it is entitled at Law or in equity as a remedy for any such breach or threatened breach. Each Party further agrees that no other Party or any other Person shall be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this Section 6.19 , and each Party irrevocably waives any right it may have to require the obtaining, furnishing or posting of any such bond or similar instrument. Subject to and without limiting the rights arising under Section 5.1 , each Party further agrees that the only permitted objection that it may raise in response to any action for equitable relief is that it contests the existence of a breach or threatened breach of Section 6.18 of this Agreement.

assistant: Specific Performance
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: Log acknowledges the existence of comordid diagnoses. (AR 147, 217.) However, without any explanation, MetLife subsequently took the position that no comordi 3 (6th Cir.2006) (under arbitrary-or-capricious standard, where credibility determination was key component of assessing disability, reliance solely on file review, without an independent examination, was inadequate); Kinser, 488 F.Supp.2d 1369, 1382; Sheehan v. Metropolitan Life Ins. Co., 368 F.Supp.2d 228 (S.D.N.Y.2005) (noting that a psychiatrist evaluating a patient’s mental health relies heavily on their ability to observe the patient’s mannerisms, demean- or, and expressions and therefore inherently involves credibility determinations); Smith v. Bayer Corp. Long Term Disability Plan, 275 Fed.Appx. 495, 508 (6th Cir.2008) (<HOLDING>). Having concluded that MetLife’s decision to Options: A. holding that when applying an arbitrary and capricious standard of review the courts role is to determine whether the plan administrators decision was completely unreasonable B. holding that plan language granting the plan administrator the sole discretion to construe the terms of a long term disability policy and to determine eligibility under the policy triggered arbitrary and capricious review C. holding court must review de novo companys denial of benefits unless benefit plan gives administrator or fiduciary discretionary authority to construe terms of plan in which case courts review a benefits denial under an arbitrary and capricious standard D. holding that a heightened arbitrary and capricious standard of review applied to the decision to deny benefits under the erisa plan E. holding under arbitrary and capricious standard that sheehan highlights the inadequacy of record review when determining benefits for someone claiming a mental disability as an examination could have helped the plan administrator to better evaluate the severity of plaintiffs symptoms

assistant: The best answer is E. holding under arbitrary and capricious standard that sheehan highlights the inadequacy of record review when determining benefits for someone claiming a mental disability as an examination could have helped the plan administrator to better evaluate the severity of plaintiffs symptoms
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 CLAUSE (E) OF THE FOLLOWING SENTENCE, ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST ANY PARTY ARISING OUT OF OR RELATING HERETO OR ANY OTHER CREDIT DOCUMENT, OR ANY OF THE OBLIGATIONS, SHALL BE BROUGHT IN ANY FEDERAL COURT OF THE UNITED STATES OF AMERICA SITTING IN THE BOROUGH OF MANHATTAN OR, IF THAT COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, IN ANY STATE COURT LOCATED IN THE CITY AND COUNTY OF NEW YORK. BY EXECUTING AND DELIVERING THIS AGREEMENT, EACH CREDIT PARTY, FOR ITSELF AND IN CONNECTION WITH ITS PROPERTIES, IRREVOCABLY (A) ACCEPTS GENERALLY AND UNCONDITIONALLY THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS (OTHER THAN WITH RESPECT TO ACTIONS BY ANY AGENT IN RESPECT OF RIGHTS UNDER ANY COLLATERAL DOCUMENT GOVERNED BY LAWS OTHER THAN THE LAWS OF THE STATE OF NEW YORK OR WITH RESPECT TO ANY COLLATERAL SUBJECT THERETO); (B) WAIVES ANY DEFENSE OF FORUM NON CONVENIENS; (C) AGREES THAT SERVICE OF ALL PROCESS IN ANY SUCH PROCEEDING IN ANY SUCH COURT MAY BE MADE BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE APPLICABLE CREDIT PARTY AT ITS ADDRESS PROVIDED IN ACCORDANCE WITH SECTION 10.1; (D) AGREES THAT SERVICE AS PROVIDED IN CLAUSE (C) ABOVE IS SUFFICIENT TO CONFER PERSONAL JURISDICTION OVER THE APPLICABLE CREDIT PARTY IN ANY SUCH PROCEEDING IN ANY SUCH COURT, AND OTHERWISE CONSTITUTES EFFECTIVE AND BINDING SERVICE IN EVERY RESPECT; AND (E) AGREES THAT AGENTS AND LENDERS RETAIN THE RIGHT TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO BRING PROCEEDINGS AGAINST ANY CREDIT PARTY IN THE COURTS OF ANY OTHER JURISDICTION IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS UNDER ANY SECURITY DOCUMENT OR THE ENFORCEMENT OF ANY JUDGMENT.

assistant: Consent To Jurisdiction
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 (a) during the Employment Period and thereafter without limitation of time, indemnify and advance expenses to the Employee to the fullest extent permitted by the laws of the State of Nevada from time to time in effect and (b) during the Employment Period, acquire and maintain directors and officers liability insurance covering the Employee (and to the extent the Company desires, other directors and officers of the Company and its affiliated companies) to the extent it is available at commercially reasonable rates as determined by the Board; provided, however, that in no event shall the Employee be entitled to indemnification or advancement of expenses under this paragraph 21 with respect to any proceeding, or matter therein, brought or made by the Employee against the Company other than one initiated by the Employee to enforce the Employee's advancement of expenses as provided in this paragraph 21, and shall not be deemed exclusive of any other rights to which the Employee may at any time be entitled under applicable law, the certificate of incorporation or bylaws of the Company, any agreement, a vote of stockholders, a resolution of the Board, or otherwise. The provisions of this paragraph 21 shall continue in effect notwithstanding termination of the Employee's employment hereunder for any reason, including, without limitation, the Employee's voluntary termination. In furtherance thereof, and not by way of limitation, the Company shall reimburse the Employee for all reasonable legal fees and expenses incurred by the Employee in connection with the Employee's obtaining and enforcing any right or benefit provided by this Agreement. The reimbursement of such legal fees and expenses shall be made within 30 days after the Employee's request for payment accompanied by evidence of the fees and expenses incurred. For a period of 10 years after the termination, for any reason, of the Employee's employment with the Company, the Company shall indemnify, hold harmless and defend the Employee, to the fullest extent permitted by applicable law, from and against any loss, cost or expense related to or arising out of any action or claim with respect to (i) the Company or its affiliated companies or (ii) any action taken or omitted by the Employee (INCLUDING, BUT NOT LIMITED TO, MATTERS THAT CONSTITUTE NEGLIGENCE OF THE EMPLOYEE) for or on behalf of the Company or its affiliated companies, whether, in either case, such action or claim, or the facts and circumstances giving rise thereto, occurred or accrued before or after such termination of employment.

assistant: Indemnifications
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: non-rescission on the date of the transaction, the [lender] suggested [the borrower] had foreclosed her right of rescission.” Id. Other courts, under similar circumstances, have reached the same conclusion. In Wiggins, the borrower granted a security interest in her home in return for a home improvement loan. 62 F.Supp.2d at 92. At the loan closing, the borrower was presented a Notice of Right to Cancel form nearly identical to the form at issue here. Id. at 94-95. As with the Moaus, the borrower simultaneously signed the si .Supp.2d 829, 834 (N.D.Ill.2004) (finding a certification of election not to rescind signed at closing “was, quite simply, untrue” and the average borrower would be confused); and Pulphus v. Sullivan, No. 02 C 5794, 2003 WL 1964333, at *15 (N.D.Ill. April 28, 2003) (<HOLDING>). We find the reasoning of these cases Options: A. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan B. holding that a loan transaction is a business practice under the ucl C. holding that the surviving spouse of the borrower could not maintain a respa claim in her individual capacity because she never assumed the deceaseds loan D. holding that a lender violated the tila by splitting the charges surrounding one loan into two loans executed on the same day where the consumer only sought one loan E. holding where among other things the borrower signed confirming the transaction had not been rescinded on the date the loan closed she stated a claim for violation of tila

assistant: The best answer is E. holding where among other things the borrower signed confirming the transaction had not been rescinded on the date the loan closed she stated a claim for violation of tila
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: No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in a writing signed by the parties hereto. No waiver by any party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. This Agreement supersedes the prior agreement between the parties.

assistant: Miscellaneous
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 of a stock dividend, stock split or similar change in capitalization affecting the Stock, or other event contemplated by Section 3d) of the 2009 Plan or the Committee shall make appropriate adjustments in the number of stock units credited to Non-Employee Directors’ Accounts.

assistant: Adjustments
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: liberally, particularly in the context of dismissals under § 1915(e)(2)(B), but are given broad discretion in determining when such complaints are frivolous. Macias v. Raul A. (Unknown) Badge No. 153, 23 F.3d 94, 97 (5th Cir.1994). A complaint may not be dismissed under § 1915(d)(2)(B) “simply because the court finds the plaintiffs allegations unlikely.” Jolly v. Klein, 923 F.Supp. 931, 942-43 (S.D.Tex.1996). A civil rights plaintiff must support his claim(s) with specific facts demonstrating a constitutional deprivation and may not simply rely on conclusory allegations. Schultea v. Wood, 47 F.3d 1427, 1433 (5th Cir.1995). Nevertheless, a district court is bound by the allegations in a plaintiffs complaint and is “not free to speculate that the plaintiff ‘might’ be able to state a c (<HOLDING>). In his original complaint, Plaintiff stated Options: A. holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint B. holding federal evidentiary hearing not statutorily barred when petitioner had sought to develop factual basis for claim in state court C. holding that when a petitioner seeks an evidentiary hearing in state court to develop the factual basis of a claim but the state court denies such a hearing entitlement to a federal court hearing is analyzed pursuant to preaedpa law rather than the standards set out in 2254e2 D. holding that contested factual issues in 2255 cases must be decided on the basis of an evidentiary hearing not affidavits E. holding that an evidentiary hearing is not required if there are no factual issues in dispute

assistant: The best answer is A. holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint
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: and creditors. Although the bankruptcy court seemed to agree with Judge Crabb that federal courts have jurisdiction to assess the validity of a lien asserted against the debtor’s estate in light of federal law, in its view she applied “the wrong federal law.” Id. According to the Ridgely court, had Judge Crabb followed cases holding that broadcasting licenses qualify as property of the estate within the meaning of section 541(a) of the Bankruptcy Code, see id. at 377-78, she would have ackn F.2d 769 (2d Cir.1992)). Second, the fact that a license of this sort may constitute property of the estate within the meaning of the Bankruptcy Code does not necessarily mean that a creditor may hold a security interest in the license. See In re Smith, 94 B.R. 220, 221-22 (Bankr.M.D.Ga.1988) (<HOLDING>). Whatever the practical benefits might be to Options: A. holding that a trustees interest in letter of credit proceeds acting as a security deposit is property of the estate B. holding that the debtors interest in a broadcasting license constitutes property of the estate C. holding that a professionals license is a protected property interest D. recognizing that distributees interest to estate property is subject to divestment until estate is closed E. holding that a broadcasting license was property of the estate but not subject to a security interest

assistant: The best answer is E. holding that a broadcasting license was property of the estate but not subject to a security interest
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: All of the direct and indirect subsidiaries of the Company are set forth on Schedule 3(a). Except as set forth on Schedule 3(a), the Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities.

assistant: Subsidiaries
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: on appellants to sign the addendum, and the conspicuousness of the provision. Although appellants were not represented by counsel as the Secchis in Prudential were, nor did they negotiate the contract over six months as the Secchis in Prudential did, the record shows that appellants were not precluded from doing so and could have done so if they wanted. And the other facts of this case are similar enough to those in Prudential that I believe it is controlling here. Based on the foregoing undisputed facts, I believe that the jury waiver here, and the circumstances under which it was signed, are substantially similar to the waiver and circumstances in Prudential. See Prudential, 148 S.W.3d at 134; see also Gen. Elec. Capital Corp., 203 S.W.3d at 316; Wells Fargo, 115 S.W.3d at 609-10 (<HOLDING>). Thus, I would conclude that Bank of America Options: A. holding that jury waiver stating that it was made knowingly and voluntarily raised presumption of same and that burden was on party challenging enforceability of jury waiver to present evidence overcoming presumption B. recognizing initial burden of presenting prima facie evidence that jury waiver was knowingly and voluntarily made is on party seeking to enforce provision C. holding defendant was not entitled to jury instructions on lesserincluded offenses because his request did not constitute a waiver of the statute of limitations on those offenses such a waiver must be knowingly intelligently and voluntarily made D. holding prelitigation waiver of jury trial must be made knowingly and voluntarily and courts will indulge in every reasonable presumption against a waiver of that right E. recognizing presumption

assistant: The best answer is A. holding that jury waiver stating that it was made knowingly and voluntarily raised presumption of same and that burden was on party challenging enforceability of jury waiver to present evidence overcoming presumption
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 remedies provided in this Warrant shall be cumulative and in addition to all other remedies available or granted by law, including recovery of damages. Each of the parties hereto will be entitled to specific performance of its rights under this Warrant. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach or threatened breach by it of the provisions of this Warrant and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate including making a showing of economic loss and the posting of a bond or other security.

assistant: Remedies
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 will, and will cause each of the Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to them or their Property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Change; provided that, this Section 4.18 shall not apply with respect to any requirement under Environmental Laws.

assistant: Compliance With Laws