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: court. See Taylor, 173 F.3d at 540-41. The Sixth Circuit rejected the prisoner’s claim that this treatment violated the IAD because it found that the prisoner had been in a “local facility” awaiting a transfer to a “correctional facility.” Id. at 541. The court reasoned that the local facility did not offer rehabilitative programs that would have been interrupted by the prisoner’s temporary transfer. Id. The Taylor court also held that even if a “term of imprisonment” co 4 (1989) (“The very programs of prisoner treatment and rehabilitation whose obstruction the IAD was intended to prevent are not present in jails. Permitting prisoners sentenced to jails to invoke the IAD’s Article 111(a) provisions, therefore, would be meaningless.”). But see Bozeman, 533 U.S. at 153, 121 S.Ct. 2079 (<HOLDING>); Nelms, 532 S.W.2d at 927 (holding that Options: A. holding that the statute is mandatory B. holding that the language of the iad is mandatory and absolute C. holding that exhaustion is mandatory and jurisdictional D. holding that the language of the statute is mandatory and the commission must act within 180 days E. holding that a states use of the word shall is mandatory language

assistant: The best answer is B. holding that the language of the iad is mandatory and absolute
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 agrees to reasonably cooperate with Company upon request by answering questions and providing information about matters of which he has personal knowledge. In the event that Company becomes involved in any civil or criminal litigation, administrative proceeding or governmental investigation, Executive shall, upon request, provide reasonable cooperation and assistance to Company, including without limitation, furnishing relevant information, attending meetings and providing statements and testimony. Company will reimburse Executive for all reasonable and necessary expenses he incurs in complying with this Section 9, provided said expenses are reasonable and necessary and approved by Company in advance. Notwithstanding anything to the contrary herein, Executive’s obligations under this Section 9 shall not (other than on an immaterial basis) interfere with Executive’s full-time employment with another company.

assistant: Cooperation
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: by applicable direct authority as to leave no doubt in the mind of a reasonable officer that his conduct, if challenged on constitutional grounds, would be found wanting.” See Lattany, 845 F.Supp. at 266, see also K.H. v. Morgan, 914 F.2d 846, 851 (7th Cir.1990) 10 . In its holding concerning the application of qualified immunity, the Court discusses the applicability of Cochran's status as a constructive or de-facto guard. 11 . See United States v. Classic, 313 U.S. 299, 326, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941) ("[m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of state law”) (internal quotation omitted). 12 . See Currier v. Doran, 242 F.3d 905 (10th Cir.2001) (<HOLDING>). 13 . See Wilson v. Meeks, 52 F.3d 1547, 1552 Options: A. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states B. holding that clearly established law is construed as supreme court or tenth circuit decisions on point or the clearly established weight of authority from other courts C. holding that the sixth circuit erred in finding that the state courts jury instructions were contrary to clearly established federal law D. holding that where the supreme court has expressly left an open question circuit precedent is immaterial and there is no clearly established law for the state court to have unreasonably applied E. holding that the sixth circuit erred by following its own precedent rather than that of the supreme court in determining what is clearly established federal law

assistant: The best answer is B. holding that clearly established law is construed as supreme court or tenth circuit decisions on point or the clearly established weight of authority from other courts
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: under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1. 1 . Comelio-Legarda’s counsel also mentioned the conviction during his closing argument, stating: "Now, I entered into a stipulation that Mr. Cornelio-Legarda has been previously convicted of a felony. I didn't have to do it. Nothing made me sign that piece of paper. I did it because I'm not trying to hide that fact. It's part of his life. It's part of his past. I can’t fix it. He can’t fix it.” 2 . Cornelio-Legarda did not request a limiting instruction, none was given, and he makes no appellate argument that this was plain error. United States v. Valentine, 706 F.2d 282, 290 n. 7 (10th Cir.1983) (<HOLDING>). 3 . In his reply brief, Cornelio-Legarda Options: A. holding that a limiting instruction is required where evidence of a prior conviction is admitted over objection B. holding that the district court did not commit plain error in admitting physical evidence of the defendants prior drug arrest in addition to the fact of the arrest itself when the evidence was relevant under rule 404b and the district court gave a limiting instruction C. holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence D. recognizing that upon request the trial court may provide a limiting instruction to the jury E. holding that a limiting instruction safeguards the accused from the possibility that the jury might view a prior conviction as evidence of predisposition to commit the crimes charged

assistant: The best answer is E. holding that a limiting instruction safeguards the accused from the possibility that the jury might view a prior conviction as evidence of predisposition to commit the crimes charged
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: niantic does not claim any ownership rights in any user content , and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit your 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: No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, any right, remedy, power or privilege under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege under any Loan Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges under the Loan Documents are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

assistant: No 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 case excerpt and choose the best holding from the options. Case excerpt: U.S.C. § 636 Under 28 U.S.C. § 636(b)(1)(A), a magistrate judge has jurisdiction to hear and decide nondispositive matters without the consent of the parties. A motion to quash is normally considered a non-dispositive matter, Arista Records, LLC v. Doe 3, 604 F.3d 110, 116 (2d Cir.2010), and therefore, the undersigned has jurisdiction to rule on Doe 24.5.180.56’s motion to the extent he seeks to quash Plaintiffs subpoena. In addition, a magistrate judge has jurisdiction to consider the question of whether of joinder of unserved defendants is proper, including whether unserved defendants should be severed and dismissed from the action, because defendants who have not been served are not considered “parties” under 28 U.S.C. § 636(c). See Neals v. Norwood, 59 F.3d 530, 532 (5th Cir.1995) (<HOLDING>); see also United States v. Real Property, 135 Options: A. holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc 1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties B. holding that although miranda warnings were not given to defendant police officers they had no cause of action under 42 usc 1983 because they were never prosecuted C. holding that a state is not a person under 42 usc 1983 D. holding that defendants were not in control and therefore were not supervisors and not subject to liability under 1983 E. holding that the defendants consent to search was voluntary although he had been served with a subpoena

assistant: The best answer is A. holding that magistrate judge had jurisdiction to dismiss prison inmates action under 42 usc 1983 as frivolous without consent of defendants because defendants had not been served yet and therefore were not parties
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 Contract constitutes the complete and only agreement among the Parties on the subject matter of this Contract and replaces all previous oral or written agreements, contracts, understandings and communications of the Parties in respect of the subject matter of this Contract.

assistant: Entire Agreements
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 amended from time to time by the Administrator in its discretion; provided , however , that this Agreement may not be modified in a manner that would have a materially adverse effect on your rights with respect to the Award Shares as determined in the discretion of the Administrator, except as provided in the Plan or in a written document signed by each of the parties hereto.

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: Each Credit Party shall have obtained all Governmental Authorizations and all consents of other Persons, in each case that are necessary in connection with the transactions contemplated by the Credit Documents and each of the foregoing shall be in full force and effect and in form and substance reasonably satisfactory to Administrative Agent and Arrangers. All applicable waiting periods shall have expired without any action being taken or threatened by any competent authority which would restrain, prevent or otherwise impose adverse conditions on the transactions contemplated by the Credit Documents or the financing thereof and no action, request for stay, petition for review or rehearing, reconsideration, or appeal with respect to any of the foregoing shall be pending, and the time for any applicable agency to take action to set aside its consent on its own motion shall have expired.

assistant: Consents
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: There are no actions, suits, proceedings or investigations pending, or, to the knowledge of such Member or any of its Affiliates, threatened against or affecting such Member or any of its Affiliates or any of their properties, assets or businesses in any court or before or by any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator which could, if adversely determined (or, in the case of an investigation could lead to any action, suit or proceeding which if adversely determined could) reasonably be expected to materially impair such Member's ability to perform its obligations under this Agreement or to have a material adverse effect on the consolidated financial condition of such Member; such Member or any of its Affiliates has not received any currently effective notice of any default, and such Member or any of its Affiliates is not in default, under any applicable order, writ, injunction, decree, permit, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator which could reasonably be expected to materially impair such Member's (or any of its Affiliate' s) ability to perform its obligations under this Agreement or to have a material adverse effect on the consolidated financial condition of such Member.

assistant: Litigations
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 invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. A party’s failure to insist upon strict compliance with any provision of this Agreement or the failure to assert any right such party may have hereunder shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement. This Agreement is freely assignable by LMAT and is binding upon and inures to the benefit of the parties and their respective successors and assigns, including any corporation with which or into which LMAT may be merged or which may succeed to its assets or business, although the obligations of Gebauer are personal and may be performed only by him.

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 case excerpt and choose the best holding from the options. Case excerpt: employees and not to promise more than he is willing to pay. d) American General’s Role as Fiduciary For the Retiree Benefit Plan. (1) American General’s Fiduciary Duties American General’s role as a fiduciary of the retiree benefit plans is distinct from its role as the successor to the retiree’s former employer, National Life and NLT. Under Part 4 of ERISA, 29 U.S.C. § 1101-14, standards of fiduciary conduct are imposed upon the administrator of employee benefit plans. Unlike the common law prohibition against dual loyalties, Congress permits the fiduciary of benefit plans to assume multiple obligations. Donovan v. Bierwirth, 538 F.Supp. 463, 468 (E.D.N. Y.1981), modified on other grounds, 680 F.2d 263 (2d Cir.), cert. denied, 459 U.S. 1069, 103 S.Ct. 488, 74 L.Ed.2d 631 (1982) (<HOLDING>). Recognizing the potential conflicts of Options: A. holding that the use of fund assets to fend off a hostile tender offer since made without sufficient inquiry into the facts constitutes a violation of the fiduciary standards under erisa B. holding that complaint stated a claim under erisa for breach of fiduciary duty of among other things prudence where defendants continued to offer a company stock fund as a pension plan alternative when they knew that the stock price was unlawfully and artificially inflated C. holding under its reading of solomon v pathe commcns corp 672 a2d 35 del1996 and other similar cases that a goingprivate tender transaction made by way of a tender offer is not subject to entire fairness review D. holding defendants were not liable under erisa because the alleged misstatements were made while acting in a corporate rather than erisa fiduciary capacity E. holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged

assistant: The best answer is A. holding that the use of fund assets to fend off a hostile tender offer since made without sufficient inquiry into the facts constitutes a violation of the fiduciary standards under 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 case excerpt and choose the best holding from the options. Case excerpt: orders to transfer the cause to another judge not named in the motion for a hearing on the motion. Brim is the only case we find that comes close to holding that once a motion for substitution of judges for cause is properly brought, the trial judge loses all power and authority over the cause except to make the necessary orders to transfer the cause to another judge not named in the motion for a hearing on the motion. (Brim, 241 Ill. App. 3d at 249.) The court in Brim held: ”[T]he trial judge against whom the motion [for substitution of judge for cause] is filed should not assess the truthfulness of the allegations. [Citation.] Section 114 — 5(d) of the Code expressly provides a judge other than the one ágainst whom the allegation is made should rule on the motion. [Cita , 975 (<HOLDING>); People v. Crete (1985), 133 Ill. App. 3d 24, Options: A. holding motion for substitution of judge properly denied where movant failed to attach affidavit B. holding that a district court judge to whom a case had been reassigned could grant the defendants motion for summary judgment after the previous judge had denied the motion C. holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion D. holding that it was not error for successor trial judge to direct a judgment for defendant based on the statute of limitations where initial judge had denied a motion for summary judgment on the same issue E. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion lacked specificity

assistant: The best answer is E. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion lacked specificity
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 Person who executes and delivers this Amendment on behalf of any of the parties hereto represents and warrants that such Person has the full right, power and authority to execute and deliver this Amendment on behalf such party, and each of the parties hereto represents and warrants that it has the full right, power and authority to enter into and be bound by the terms and conditions of this 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 case excerpt and choose the best holding from the options. Case excerpt: innocence by giving jurors an instruction that minimized the significance of their anonymity. Before jurors filled lowed its anonymity discussion by instructing jurors that the defendants enjoyed a presumption of innocence, and repeated that instruction both at the beginning and conclusion of the trial. See Preliminary Instruction at 3, reprinted in J.A. I 260; Trial Tr. (Sept. 18, 1989) at 46, reprinted in J.A. VIII; id. (Dec. 1, 1989) at 74, reprinted in J.A. XVII. This step further mitigated any prejudice from the anonymous jury procedure. See Tutino, 883 F.2d at 1133; see also Crockett, 979 F.2d at 1216 (finding repeated instructions on presumption of innocence to protect defendant from possibility of prejudice resulting from impan-elment of anonymous jury); Vario, 943 F.2d at 241 (<HOLDING>). Nevertheless, appellants find fault in the Options: A. holding that trial court took adequate steps to safeguard defendants presumption of innocence where judge failed to instruct jurors as to reason for their anonymity but fully instructed them on presumption of innocence B. holding that no amount of boiler plate instructions to the jury not to draw any inferences as to the judges feelings about the facts from his asking questions or that they are free to disregard factual comment by the judge or as to the presumption of innocence could be expected to erase from a jurys mind the part taken in this trial by the district judge C. holding trial courts failure to recite a presumption of innocence instruction seriously jeopardized the defendants federal constitutional right to due process and a fair trial D. holding that it was fundamental error for a sentencing court to consider a criminal defendants protestations of innocence because due process guarantees an individual the right to maintain innocence even when faced with evidence of overwhelming guilt E. holding that a district court order denying anonymity to the parties is a collateral order

assistant: The best answer is A. holding that trial court took adequate steps to safeguard defendants presumption of innocence where judge failed to instruct jurors as to reason for their anonymity but fully instructed them on presumption of innocence
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: as possible. Any delay in the proceedings of the officers, upon whom the duty is devolved of collecting the taxes, may derange the operations of government, and thereby cause serious detriment to the public”). 24 See Tully v. Griffin, Inc., 429 U. S. 68, 74 (1976); Hillsborough v. Cromwell, 326 U. S. 620, 625 (1946); Great Lakes Dredge & Dock Co. v. Huffman, 319 U. S., at 300-301. 25 See 81 Cong. Rec. 1416 (1937) (remarks of Sen. Bone); S. Rep. No. 1035, 75th Cong., 1st Sess., 2 (1937). The Court also relied on the legislative history of the Johnson Act of 1934, 28 U. S. C. § 1342 (prohibiting federal-court interference with orders issued by state administrative agencies to public utilities), on which the Tax Injunction Act was modeled. 26 See also 450 U. S., at 51 . 481, 488 (1913) (<HOLDING>); Great Lakes Dredge & Dock Co. v. Huffman, Options: A. holding that federal courts will not enjoin the collection of unconstitutional state taxes where the taxpayer has a plain adequate and complete remedy at law B. holding that the illegality or unconstitutionality of a state or municipal tax or imposition is not of itself a ground for equitable relief in the courts of the united states in such a case the aggrieved party is left to his remedy at law when that remedy is as complete practicable and efficient as the remedy in equity C. holding that in the absence of an adequate state remedy one whose constitutional rights are violated has a direct claim against the state under the state constitution D. holding that the same considerations which have led federal courts of equity to refuse to enjoin the collection of state taxes save in exceptional cases require a like restraint in the use of the declaratory judgment procedure E. holding that injunction seeker must demonstrate no adequate remedy at law

assistant: The best answer is A. holding that federal courts will not enjoin the collection of unconstitutional state taxes where the taxpayer has a plain adequate and complete remedy at law
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither Borrower nor Parent may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section , (ii) by way of participation in accordance with the provisions of subsection (d) of this Section , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of Administrative Agent, L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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 constitutes the full and entire understanding among the Parties with regard to the Warrants. With respect to the Warrants, none of the Parties will be liable or bound to the other Parties in any manner by any representations, warranties, or covenants except as specifically set forth in this Agreement.

assistant: Entire Agreements
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: Except as set forth in the SEC Reports, none of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of the lesser of $120,000 or one percent (1%) of the average of the Company’s total assets at year end of the last two completed fiscal years other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option agreements under any stock option plan of the Company.

assistant: Transactions With Affiliates
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: Service Recipient shall be entitled to deduct from any payments to Service Provider the amount of any withholding taxes with respect to such amounts payable, or any taxes in each case required to be withheld by Service Recipient to the extent that Service Recipient pays to the appropriate governmental authority on behalf of Service Provider such taxes, levies, or charges. Service Recipient shall, upon the request of Service Provider, deliver to Service Provider proof of payment of all such taxes, levies, and other charges and the appropriate documentation that is necessary to obtain a tax credit, to the extent such tax credit can be obtained.

assistant: Withholdings
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 included specific damages that may or may not be recoverable will not prove fatal to Henneberry’s claim here. The Court reiterates, also, that Plaintiff is allowed to assess his damages through the discovery process. Id. E. Tortious Interference with Prospective Economic Advantage 1. Plaintiff’s Standing to Plead Tortious Interference with Prospective Economic Advantage As the Court determined in Henneberry II, Henneberry has standing to bring this claim because he has alleged clearly separate and distinct injuries from any injuries to Smartix, as the alleged loss of future earnings from the named consulting projects are personal to him and not the class of Smartix . shareholders as a whole. See, e.g., PI, Inc. v. Ogle, No. 95 Civ. 1723, 1997 WL 37941, at *4 (S.D.N.Y. Jan.30, 1997) (<HOLDING>). Henneberry re-alleges here that defendants’ Options: A. holding that plaintiff does not maintain standing to claim tortious interference with prospective economic advantage where he did not allege an injury distinct from the other shareholders nor does he allege that wrongdoer owed him a duty independent of its duty to all of the shareholders B. holding that derivative actions do not require the support of a majority of shareholders or even all of the minority shareholders C. holding that an action for tortious interference with prospective economic advantage may not be directed against an individual who is an officer and the sole stockholder of a corporation which is a party to the economic relationship at issue D. recognizing action for tortious interference with prospective advantage E. recognizing the tort of interference with prospective contractual relations as a subspecies of the broader tort of interference with prospective economic advantage

assistant: The best answer is A. holding that plaintiff does not maintain standing to claim tortious interference with prospective economic advantage where he did not allege an injury distinct from the other shareholders nor does he allege that wrongdoer owed him a duty independent of its duty to all of the shareholders
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: Lakeview Country Club, Inc. v. Superior Products, 325 Ark. 218, 226, 926 S.W.2d 428, 432 (1996) (upholding directed verdict on claims for strict liability, breach of warranty of merchantability, and breach of warranty of fitness for a particular purpose where no connection shown between defendant and product supplier). The undisputed facts of this ease demonstrate that Plaintiff did not ingest any metoclopramide, whether generic or name brand, that was either produced or distributed by Wyeth or Schwarz. Accordingly, Plaintiff has stipulated that exposure to the products of Wyeth and Schwarz did not cause her injury, and her “product liability action” must therefore fail. See National Bank of Commerce of El Dorado, Ark. v. Dow Chemical Co., 165 F.3d 602, 606-07 (8th Cir.1999) (<HOLDING>). Plaintiff contends that Wyeth and Schwarz Options: A. holding that summary judgment as to one of plaintiffs claims was appropriate bjecause plaintiff concedes that he cannot establish an essential element of this claim B. holding summary judgment appropriate where plaintiffs failed to demonstrate negative effect on price or quality C. holding that a county was entitled to summary judgment where the claims against the individual defendants had failed D. holding summary judgment appropriate where plaintiff failed to establish product identification E. holding that the trial court correctly entered summary judgment in favor of defendant and denied plaintiffs motion for summary judgment where plaintiff failed to establish by clear and convincing evidence that defendant breached its duty to act in good faith

assistant: The best answer is D. holding summary judgment appropriate where plaintiff failed to establish product identification
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: If the Facility Amount is increased in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such increase and the Increase Effective Date. The Administrative Agent is authorized and directed to amend and distribute to the Lenders, including any party becoming a Lender on the Increase Effective Date, a revised Schedule 2.01 that gives effect to the increase and the allocation among the Lenders.

assistant: Effective Dates
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: For the avoidance of doubt, (a) Purchaser hereby acknowledges that it bears the risk of non-payment by the obligors of the Loans and associated credit-related losses in respect thereof, and indemnification shall not be available for any such non-payment or associated losses under this Agreement, (b) to the extent that that any rights of Purchaser hereunder, or under the Purchase Agreement (including any executed Addenda) or any Multi-Party Agreement are assigned or otherwise transferred to a third party in accordance with the terms of this Agreement or such other agreements, as applicable, any such assignee or beneficiary shall not, unless the transfer was made in a Securitization Transaction or Whole Loan Transfer or otherwise consented to in writing by Servicer, be permitted to claim indemnification hereunder and, if the transfer was made in a Securitization Transaction or Whole Loan Transfer or any such consent shall have been provided by Servicer, shall be bound by the limits on indemnification contained in this Section 5.3(a) as if such assignee or beneficiary were Purchaser, and such assignee or beneficiary may only claim indemnity in conjunction with, or in place of, Purchaser and (c) multiple recoveries for any single breach shall not be permitted.

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: Each Party hereto, at the request of the other Party hereto and without additional consideration, shall execute and deliver to the requesting Party all such further assignments, deeds, agreements, contracts, instruments and other documents as the requesting Party may reasonably request in order to perform, accomplish, perfect or record, if reasonably necessary, the assignment and conveyance to Assignee of the Assets acquired by Assignee hereunder as contemplated by this Assignment, to otherwise carry out the intention of this Assignment.

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 legal provision and list the applicable contract clause categories. Provision: Notices, consents and other communications provided for herein shall (except as otherwise expressly permitted herein) be in writing and given as provided in Paragraph 13I of the Note Agreement. Communications and notices to any Guarantor shall be given to it at its address set forth in Schedule B hereto.

assistant: Notices
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: court did not fo cus on the wire support feature of claims 5 and 9 and did not completely address the thermal compression bonding feature of claims 4 and 8. Without the fact-finder distinguishing between the direct bonding and wire support features, we are unable to discern from the current record whether Gustafson is entitled to co-inventor status. Consequently, we vacate the district court’s holding that Gustafson is not entitled to co-inventor status of the ’855 patent and remand the case to the district court for a determination of whether Hadden or Zirbes first conceived of the wire support feature of claims 5 and 9 or whether Gus-tafson sufficiently contributed to the conception of claims 5 and 9 to be deemed a co-inventor. See Ethicon, 135 F.3d at 1465-66, 45 USPQ2d at 1552 (<HOLDING>). The district court should further determine Options: A. holding that defendant who conclusively negates at least one essential element of plaintiffs cause of action entitled to summary judgment B. holding a coinventor of at least one claim is entitled to a pro rata undivided interest in the entire patent C. holding that in context of patent claim at issue if means only if D. holding that rule 58 allows inclusion of at least one citation to legal authority and at least a onesentence explanation of the courts reasoning E. holding patent policy incorporated by reference into patent agreement

assistant: The best answer is B. holding a coinventor of at least one claim is entitled to a pro rata undivided interest in the entire patent
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: To further assure Grantee’s rights under this Deed, Grantor agrees promptly upon demand of Grantee to do any act or execute any additional documents (including, but not limited to, security agreements on any personalty included or to be included in the Secured Property and a separate assignment of each Lease in recordable form) as may be reasonably required by Grantee to confirm the lien of this Deed and all other rights or benefits conferred on Grantee by this Deed.

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: 3. The Clerk must enter judgment stating “This action is dismissed with prejudice.” 4. The Clerk must close the file. 1 . In their response to the motion to dismiss, Plaintiffs abandoned their negligence claim and their request for injunctive relief. ECF No. 38, at 3. 2 . The term “food" means “articles used for food or drink for man or other animals." 21 U.S.C. § 321(f). 3 . For example, "[w]henever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations , fixing and establishing for any food, under its common or usual name so far as practicable a reasonable definition and standard of identity, a reasonable standard of quality, or reasonable standards of fill of container.” 21 U.S 11th Cir.1993) (<HOLDING>). The claims here are nothing like those in Options: A. holding statelaw claim based on alleged failure to give proper notice of right to convert is preempted by erisa B. holding claim based on failure to disclose information to the epa preempted C. holding failure to disclose may constitute supplying false information to support negligent misrepresentation claim where such failure breaches a statutory duty D. holding that certain dual purpose documents created in response to the epa information request and consent order were protected from discovery by the work product doctrine as they were created because of potential litigation with the epa E. holding misrepresentation claim to be preempted

assistant: The best answer is B. holding claim based on failure to disclose information to the epa preempted
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: namely, to implement the terms of a contract that required the State to eliminate the pay premiums to match the recipients’ status vis-a-vis the FLSA. That the State’s action took place because of a judicial declaration of the appellants’ status, brought about by the appellants’ suit, neither transforms the character of the action nor renders it per se unlawful under the FLSA. For aught that appears, the State would have taken the same action regardless of the presence or absence of retaliatory animus. Third: Next, the appellants bombard the CBA itself. They have lately come to the view that a contract which permits the State to forgo the non-standard pay premium whenever a court determines that a class of employees is not exempt from FLSA coverage is an abomination, and thus .1993) (<HOLDING>); Adams, 890 F.2d at 839 (finding no Options: A. holding that flsa which provides an exemption from the acts wage and overtime provisions for fishermen preempts claims under alaskas minimumwage and overtime statute B. holding that the flsa does not prohibit changes in wage rates it prohibits the payment of overtime at less than one and onehalf times the regular wage rate C. holding that the purpose of predecessor texas wage rate statute was to ensure that workers on public projects receive not less than prevailing rate D. holding that aims of wage and overtime provisions of flsa were not sufficiently connected to fourteenth amendment concerns so as to fall under congress 5 powers E. holding that the flsa preempted plaintiffs wage and invasionofprivacy claims

assistant: The best answer is B. holding that the flsa does not prohibit changes in wage rates it prohibits the payment of overtime at less than one and onehalf times the regular wage rate
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: 5; Libertarian Party v. Bond, 764 F.2d 538, 541 (8th Cir.1985). “These rights rank among our most precious freedoms,” Libertarian Party, 764 F.2d at 541, and are thus protected against federal encroachment by the First Amendment and state infringement by the Fourteenth Amendment, Williams, 393 U.S. at 30-31, 89 S.Ct. 5. The Supreme Court has emphasized the fundamental nature of these rights: “ ‘No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.’ ” Id. at 30, 89 S.Ct. 5 (quoting Wesberry v. Sanders, 376 U.S. 1, 17, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964)). Consequently, 1970, 29 L.Ed.2d 554 (1971) (<HOLDING>); Williams, 393 U.S. at 24-26, 89 S.Ct. 5 Options: A. holding that factual basis inquiry is one way of satisfying the constitutional requirement that a guilty plea be voluntary and intelligent but it is not mandated by due process B. holding a 5 signature requirement constitutional because it in no way freezes the status quo C. holding that where defendant did not dispute any of the facts supporting the career offender status in district court there is no constitutional violation in relying on defendants prior convictions D. holding as constitutional a 1 vote requirement in a blanket primary E. holding that the constitutional requirement for ripeness is injury in fact

assistant: The best answer is B. holding a 5 signature requirement constitutional because it in no way freezes the status quo
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 shall (and shall cause each Borrower Party to) pay, or cause to be paid, as and when due and prior to delinquency, all Taxes, assessments and governmental charges of any kind that may at any time be lawfully assessed or levied against or with respect to any Borrower Party or any applicable Project (including all assessments and charges lawfully made by any Governmental Authority for public improvements that may be secured by a Lien on such applicable Project), and all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of such applicable Project; provided , however , that any Borrower Party may contest or cause to be contested in good faith any such Taxes, assessments and other charges and, in such event, may permit the Taxes, assessments or other charges so contested to remain unpaid during any period, including appeals, when such Borrower Party is in good faith contesting or causing to be contested the same by appropriate proceedings, so long as (a) reserves reasonably satisfactory to the Administrative Agent have been established on such Borrower Party’s books in an amount sufficient to pay any such Taxes, assessments or other charges, accrued interest thereon and potential penalties or other costs relating thereto, or other provision for the payment thereof reasonably satisfactory to the Administrative Agent shall have been made, (b) enforcement of the contested Tax, assessment or other charge is effectively stayed for the entire duration of such contest and (c) any Tax, assessment or other charge determined to be due, together with any interest or penalties thereon, is immediately paid after resolution of such contest.

assistant: Taxes