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: where there is sufficient evidence on which the jury could reasonably find for the non-moving party. Id. at 252, 106 S.Ct. 2505. Accordingly, we will affirm the district court if en the parent corporation owns all of the outstanding stock of the subsidiary. Mut. Holding Co. v. Limbach, 71 Ohio St.3d 59, 641 N.E.2d 1080, 1081 (1994). Likewise, this distinction continues if the parent and the subsidiary act through common employees, have integrated operations, and carry on a close working relationship. Inlow v. Davis, No. CA2002-08-071, 2003 WL 21373154, *4 (Ohio App. June 16, 2003) (unpublished). This result is consistent with other state court decisions addressing the same issue on similar facts. See e.g. Unijax, Inc. v. Factory Ins. Ass’n, 328 So.2d 448, 452 (Fla.Dist.Ct.App.1976) (<HOLDING>); Gordon Chem. Co., Inc. v. Aetna Cas. & Sur. Options: A. holding that an unestablished business may recover lost prospective profits B. holding that a close relationship between a parent corporation and a subsidiary may justify finding that the parent engages in business in the jurisdiction through the local activities of its subsidiary C. holding an insured corporation could not recover for a fire loss caused by its controlling shareholders arson D. holding that parent corporation could not recover for its lost profits incurred after subsidiary suffered a fire even though both were listed as named insured on the business interruption insurance policy E. holding that parent corporation could recover under business interruption policy for lost profits of one subsidiary resulting from accident at a separate subsidiary since the two were integrated operations

assistant: The best answer is D. holding that parent corporation could not recover for its lost profits incurred after subsidiary suffered a fire even though both were listed as named insured on the business interruption insurance policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is certainly appropriate given the determination that the order was a nonfinal order based on the trial court’s failure to determine the amount of compensation due the employee. Similarly, in this case, we must conclude that, in spite of the attempted Rule 54(b) certification, the trial court’s failure to determine benefits due after it had determined Hester’s injury to be com-pensable rendered the order insufficiently final to support an appeal. Therefore, the appeal is due to be dismissed. Further, we note that § 25-5-88, Ala. Code 1975, provides that a final judgment in a workers’ compensation case “shall contain a statement of the law and facts and conclusions as determined by [the trial] judge.” See also Johnson v. Harbison-Walker Refractories Co., 847 So.2d 377 (Ala.Civ.App.2002)(<HOLDING>). The trial court’s order in this case contains Options: A. holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of law B. holding that appellate deadlines are not extended by request for findings of fact and conclusions of law following summary judgment because they have no place in a summary judgment proceeding C. holding that findings of fact and legal conclusions are neither necessary nor proper in summary judgment proceeding D. holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment E. holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment

assistant: The best answer is A. holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may change , suspend , or discontinue any or all of the services at any time , including the availability of any product , feature , database , or content .

assistant: Unilateral change, Unilateral termination
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: (iii)). Even though the evidence presented on remand included the testimony of a DEA officer and a Royal Thai police officer implicating her in drug activity, arrest warrants from both Thailand and the United States, and the petitioner’s own testimony admitting that she had engaged in drug transactions, the petitioner still claims that there was insufficient evidence to meet the “serious reason to believe” standard. However, we agree with the IJ that the “reasonable, substantial and probative evidence presented during the entirety of the petitioner’s removal proceedings” on remand establishes serious reason to believe she is or has been a trafficker of heroin. The petitioner claims that the overwhelming evidence of her involvement in the drug trade should be disregarded because r.2004) (<HOLDING>). III. CONCLUSION The outcome of this case Options: A. holding that credibility determinations are for the jury B. holding that an ijs credibility determinations enjoy highly deferential review when supported by specific cogent reasons that bear a legitimate nexus to the findings C. holding an ijs credibility findings are entitled to deference if supported by specific cogent reasons D. holding that substantial evidence supports an adverse credibility finding if it is supported by specific cogent reasons E. holding that explicit credibility finding must be more than passing remark of disbelief and must be supported by specific cogent reasons

assistant: The best answer is B. holding that an ijs credibility determinations enjoy highly deferential review when supported by specific cogent reasons that bear a legitimate nexus to the findings
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 Employee’s death this Agreement shall terminate and Company shall be under no obligation to make any further payments whatsoever under this Agreement, except that Employee’s executors, administrators, or other legal representatives shall be entitled to receive any Payable Amounts.

assistant: Death
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: None of the Administrative Agent or any Lender shall disclose to any Person any Confidential Information, except that the Administrative Agent and any Lender may disclose any such information (a) to its own directors, officers, employees, auditors, counsel and other advisors and to its Affiliates; (b) to the Administrative Agent or any other Lender; (c) which is otherwise known or available to the public or which is otherwise known to the receiving party prior to the time such Confidential Information was delivered to the Administrative Agent or any Lender; (d) if required or appropriate in any report, statement or testimony submitted to any Governmental Authority having or claiming to have jurisdiction over the Administrative Agent or such Lender (including as required in connection with pledges and assignments permitted under Section 8.05 (g) ); (e) if required in response to any summons or subpoena; (f) in connection with any enforcement by the Administrative Agent or the Lenders of their rights under this Agreement or the other Credit Documents or any litigation among the parties relating to the Credit Documents or the transactions contemplated thereby; (g) to comply with any Requirement of Law applicable to the Administrative Agent or such Lender; (h) to any Assignee Lender or Participant or any prospective Assignee Lender or Participant; provided that such Assignee Lender or Participant or prospective Assignee Lender or Participant agrees to be bound by the provisions of (or provisions substantially similar to) this Section 8.10 ; or (i) otherwise with the prior consent of such Loan Party; provided , however , that any disclosure made in violation of this Agreement shall not affect the obligations of the Loan Parties under this Agreement and the other Credit Documents. Nothing in this Section 8.10 shall limit the use of any Platform as described in Section 8.01(b) .

assistant: Confidentiality
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: Schedule 5.22 sets forth a complete and correct listing of all insurance that is (a) maintained by the Loan Parties and (b) material to the business and operations of the Parent Borrower and its Restricted Subsidiaries taken as a whole maintained by Restricted Subsidiaries other than Loan Parties, in each case as of the Closing Date, with the amounts insured (and any deductibles) set forth therein.

assistant: Insurances
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 of the Northern Exit in 1970— her fact-based exegesis is beside the point. The subjective intent of government officials is irrelevant to the discretionary function analysis. See Gaubert, 499 U.S. at 325, 111 S.Ct. 1267; Irving, 162 F.3d at 166. It is therefore of no practical consequence that Park Service officials failed to mull particular safety issues when they planned the Trading Post’s rehabilitation. See Gotha v. United States, 115 F.3d 176, 180 (3d Cir.1997) (“The test is not whether the government actually considered each possible alternative in the universe of options, but whether the conduct was of the type associated with the exercise of official discretion.”) (citations and internal quotation marks omitted); Kiehn v. United States, 984 F.2d 1100, 1105 (10th Cir.1993) (<HOLDING>) (citations omitted); Richardson v. United Options: A. holding that even if the alleged failure to present mitigating evidence was an oversight and not a tactical choice by counsel it was harmless B. holding that it is unnecessary for government employees to make an actual conscious decision regarding policy factors for it is irrelevant whether the alleged failure was a matter of deliberate choice or a mere oversight C. holding that it is not D. recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven E. holding that remand is unnecessary when it is clear that the same decision would have been reached in the absence of the errors

assistant: The best answer is B. holding that it is unnecessary for government employees to make an actual conscious decision regarding policy factors for it is irrelevant whether the alleged failure was a matter of deliberate choice or a mere oversight
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: petition. See 11 U.S.C. §§ 503(b)(3)(A); 503(b)(4): Subsection (b)(4) specifically allows compensation for services rendered by a creditor’s attorney, and sets forth compensation standards that mirror those governing fee awards for debtors’ attorneys under Section 330(a) of the Bankruptcy Code. The statute is silent regarding expenses incurred by a creditor in appealing or defending a lower court’s award or denial of fees. However, we do not find, as respondents urge us to, that statutory silence forecloses a fee award here. Along with other circuits, we have granted compensation for litigation over a fee award under fee shifting statutes even when those statutes did not expressly allow for it. See, e.g., Southeast Legal Defense Group v. Adams, 657 F.2d 1118, 1126 (9th Cir.1981) (<HOLDING>) (relying on Hutto v. Finney, 437 U.S. 678, Options: A. holding that a plaintiff who prevailed on a 42 usc 1983 claim was entitled to an award of attorneys fees incurred on appeal B. holding that 42 usc 1988 authorizes the grant of attorneys fees for services on appeal though statute does not specifically so provide C. recognizing absolute immunity to suits under 42 usc 1988 D. holding that a case awarding fees under 42 usc 1988 has no application in a private claim for attorneys fees sounding in mississippi contract law E. holding defendant may receive only the portion of his fees under 42 usc 1988 that he would not have paid but for the frivolous claim

assistant: The best answer is B. holding that 42 usc 1988 authorizes the grant of attorneys fees for services on appeal though statute does not specifically so provide
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: t Den-ton’s argument that defendants decided to investigate the June 30, 2011, arrest, terminate his employment, and release the video to the Tulsa World in retaliation for the July 7, 2011, email he sent to his fellow union members. Denton also argues that because Owasso declined to impose any significant discipline against a group of police officers who engaged in similar conduct during the arrest of a suspect several years earlier, the harsher decisions made with regard to Denton must have been linked to his union activity when he sent the email. Although the Garcetti/Pickering analysis applies to an association based retaliation claim, a plaintiff need only satisfy the first, fourth, and fifth prongs of the test. See Shrum v. City of Coweta, 449 F.3d 1132, 1138-39 (10th Cir. 2006) (<HOLDING>). Accordingly, we examine whether the email was Options: A. holding that the disappearance by merger of a corporate employer which has entered into a collective bargaining agreement with a union does not automatically terminate all rights of the employees covered by the agreement and that in appropriate circumstances present here the successor employer may be required to arbitrate with the union under the agreement B. holding that a court should not require a showing of public concern or engage in judicial balancing of the employers interest against the employees interest when the public employee alleges retaliation for participation in a union with which his employer has signed a collective bargaining agreement C. holding that an employee may sue for breach of a collective bargaining agreement without the union D. recognizing the public interest exception E. holding that the scope of a government employees first amendment rights depends on the balance between the interests of the employee as a citizen in commenting upon matters of public concern and the interest of the state as an employer in promoting the efficiency of the public services it performs through its employees

assistant: The best answer is B. holding that a court should not require a showing of public concern or engage in judicial balancing of the employers interest against the employees interest when the public employee alleges retaliation for participation in a union with which his employer has signed a collective bargaining agreement
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 Borrower shall keep accurate and complete records of its Inventory, including costs and daily withdrawals and additions, and shall submit to Lender inventory and reconciliation reports, in form and substance satisfactory to Lender, on or before the 20 th day of each month, and such inventory and reconciliation reports shall be prepared as of the preceding month. Each Borrower shall conduct a physical inventory at least once per calendar year (and on a more frequent basis if requested by Lender when an Event of Default exists) and periodic cycle counts consistent with historical practices, and shall provide to Lender a report based on each such inventory and count promptly upon completion thereof, together with such supporting information as Lender may request. Lender may participate in and observe each physical count.

assistant: Records
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: that information will include , for example , e-mail and/or credit card number used to make purchases for retail purchase information ; the name , e-mail , and physical address of a seller for seller information ; device serial number for amazon devices ; and ip address and complete time stamps .

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: Except as set forth in the Prospectus Supplement, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

assistant: Use Of Proceeds
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: decision on appeal. Instead, the Court correctly remands Mrs. Reliford’s claim for accrued benefits to be processed in accordance with section 5121(a). 5 . Additionally, the Board, on remand in this case, should not be confused by the Court’s parenthetical reference to a remand "for [a] determination of whether [a] claim was reasonably raised, when there was an evidentiary factual bases therefore.’’ Ante at 305. The Court is remanding this matter "for adjudication of Mrs. Reliford’s claim based on the file as it existed at the time of her husband’s death.” Id. at 304. The Court is not remand ing — and indeed cannot remand — this matter for a determination of whether a claim was reasonably raised. See Jarrell, 20 Vet.App. at 331; see also DiCarlo v. Nicholson, 20 Vet.App. 52, 56 (2006) Options: A. holding that the proper procedure for a claimant to pursue a claim believed to be unadjudicated and for which there is no final decision that arguably failed to consider the claim is to pursue a resolution of the original claim eg seek issuance of a final ro decision with proper notification of appellate rights and initiate a notice of disagreement B. holding that a denial of a claim of qualified immunity is an appealable final decision C. holding that a claim before an ro remains pending until a final decision is rendered D. holding issuance of administrative complaint to initiate proceedings not final agency action E. holding that once a regional office decision is final a claimant may only attempt to overcome the finality of that decision in one of two ways a request for revision of the decision based on clear and unmistakable error or a claim to reopen based upon new and material evidence

assistant: The best answer is A. holding that the proper procedure for a claimant to pursue a claim believed to be unadjudicated and for which there is no final decision that arguably failed to consider the claim is to pursue a resolution of the original claim eg seek issuance of a final ro decision with proper notification of appellate rights and initiate a notice of disagreement
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: Thus, Petitioner asserts that “there is a reasonable possibility that these errors might have contributed to the conviction,” citing State v. Maluia, 107 Hawaii 20, 24,108 P.3d 974, 978 (2005), because “[Respondent] had the burden of disproving the EMED defense beyond a reasonable doubt..: VII. It is established that “[a]rguments of counsel which misstate the law are subject to objection and to correction by the court.” State v. Mahoe, 89 Hawai'i 284, 290, 972 P.2d 287, 293 (1998) (citing Royde v. California, 494 U.S. 370, 110 S.Ct. 1190, 108 L.Ed.2d 316 (1990)) (emphasis omitted). Improper statements by Respondent may serve as grounds for vacating a judgment of conviction and remanding the case for a new trial. See State v. Wakisaka, 102 Hawai'i 504, 516, 78 P.3d 317, 329 (2003) (<HOLDING>); State v. Rogan, 91 Hawai'i 405, 415, 984 P.2d 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 prosecutors comment on defendants failure to testify constituted plain error affecting the defendants substantial rights C. holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify D. holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing for appellate review E. holding that the prosecutors reference to the nonexistence of mitigating evidence was not a comment on the defendants failure to testify

assistant: The best answer is B. holding that prosecutors comment on defendants failure to testify constituted plain error affecting the defendants substantial rights
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 Warrant, together with the Stockholders’ Agreement and the Purchase Agreement (and the other Transaction Documents referenced therein), constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Warrant, the Stockholders’ Agreement and the Purchase Agreement, the statements in the body of this Warrant shall control.

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 case excerpt and choose the best holding from the options. Case excerpt: was not entitled to any part of the condemnation proceeds. The parties’ lease provides: The parties hereto agree that if the leased premise, or any part thereof, shall be taken or appropriated for public use by any public or quasi-public authority during the term of this lease, that this lease shall terminate as of the date of such appropriation and all condemnation proceeds shall be the sole property of [landlord]; * * *. Korengold considered a similar clause and recognized that [w]ith this type of clause, at least in the absence of a contrary state rule, the tenant has no right which persists beyond the taking and can be entitled to nothing. Korengold, 254 Minn, at 363, 95 N.W.2d at 115-16; see also In re Matter of Minneapolis Cmty Dev. Agency 417 N.W.2d 127, 129 (Minn.App.1987) (<HOLDING>), review denied (Minn. Feb. 24,1988). But Options: A. holding that there is no right to monetary compensation for a regulatory taking in an inverse condemnation action B. recognizing when a lease terminates upon condemnation tenant is entitled to no compensation for loss of leasehold interest C. holding that after township acquired property entered into lease with tenant that was renewable absent notice of termination and terminated lease tenant was not displaced person because tenant will be moving not as a result of the acquisition of such real property but rather because township having already acquired the property has merely declined to renew the lease quotation omitted D. holding that former employees of a brokerage firm who had a contractual right to a share of any commission received by the firm upon extension of a lease were not entitled to a share of the commission received when the landlord and tenant entered an amendment to the lease which extended the duration but also added new terms this was a new lease not an extension of the prior lease E. holding that plaintiff was entitled to compensation for governments taking of option to renew a lease

assistant: The best answer is B. recognizing when a lease terminates upon condemnation tenant is entitled to no compensation for loss of leasehold 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: The effective date of the Plan is January 1, 1976. This restatement of the Plan, except as may otherwise be specifically provided herein, shall not apply to Participants who separated from active service prior to January 1, 2005; such Participants shall be governed exclusively by the Plan document in existence at the time of their separation. Also, this Plan does not apply to any person who did not have a non-forfeitable right to benefits as of December 31, 2004.

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 case excerpt and choose the best holding from the options. Case excerpt: Mr. I v. Maine School Administrative Dist. 55, 416 F.Supp.2d 147, 174 (D.Me.2006). Defendant has thus argued that plaintiffs failure to exhaust her administrative remedies under the IDEA is fatal to her claim under the ADA and Rehabilitation Act. Plaintiffs claim in this case seems to be that defendant discriminated against Arshad because of his disability by refusing to allow him to fully participate in its programs solely because of his disability, autism. This is a challenge to defendant’s allegedly discriminatory actions, i.e., a “pure discrimination claim,” for which the IDEA offers no relief. Accordingly, plaintiffs failure to exhaust administrative rem edies under IDEA does not bar their claim. See Ellenberg v. New Mexico Military Institute, 478 F.3d 1262, 1279 (10th Cir.2007) (<HOLDING>). Breach of Contract The gist of plaintiffs Options: A. recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea B. holding that by its terms the idea does not require exhaustion where the relief sought is unavailable in an administrative proceeding under the idea monetary damages are not available so exhaustion is not required C. holding that bjecause idea provides a comprehensive remedial scheme for violations of its own requirements parties may not sue under section 1983 for an idea violation D. holding that a student with disabilities who suffered a fractured skull and exacerbation of a seizure disorder when placed in an unsupervised windowless closet did not have to exhaust her administrative remedies under the idea because these physical injuries were outside the scope of the idea E. holding that damages are not relief that is available under the idea

assistant: The best answer is A. recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea
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: (“Such balancing, however, is not required in the present case because of a jurisdictional limitation that is applicable in this case. Such limitation arises under 28 U.S.C. § 157(b)(5)....”). The exclusion of personal injury tort claims from the purview of the bankruptcy court stems from Congressional recognition that such claimants stand in a different relationship with the bankruptcy debtor because they did not voluntarily enter into dealings with the debtor. Adams, 1996 WL 228567, *3. The purpose of 28 U.S.C. § 157(b)(5) is to prevent bankruptcy courts from trying personal injury tort actions. In the Matter of Poole Funeral Chapel, Inc., 63 B.R. 527, 532 (Bankr.N.D.Ala.1986). The term “personal injury tort claim” is not expressly defined in Title 28 or Tit 18 (Bankr.N.D.N.Y.1988) (<HOLDING>) with Cohen, 107 B.R. at 455 (holding that Options: A. holding that racial discrimination is not a personal injury tort B. holding that sexual harassment is a personal injury tort C. holding that racial discrimination is a personal injury tort D. holding that age discrimination is not a personal injury tort E. holding that a civil rights deprivation is a personal injury tort

assistant: The best answer is E. holding that a civil rights deprivation is a personal injury tort
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: laws and regulations by including prohibited terms in their admission agreements. Plaintiff contends that Defendants, in an effort to seek additional profits, have adopted an admissions policy that discourages admission of Medicaid patients and that Medicaid patients, particularly those without families, are transferred to other homes to make beds available for Medicare or private pay patients. .Supp. 1481, 1498 (D.Minn.1996) (adopting report and recommendation concluding statement that lens maker used the “most advanced equipment available” was puffery). General assertions of quality are also puffery because “quality” is a vague, subjective concept. Am. Italian Pasta Co., 371 F.3d at 393; see also Evanston Hosp. v. Crane, 254 Ill.App.3d 435, 193 Ill.Dec. 870, 627 N.E.2d 29 (1993) (<HOLDING>); Porous Media Corp. v. Pall Corp., 173 F.3d Options: A. holding that a general acute care hospital may not delegate its duty to provide physicians for emergency room care because the law imposes a duty on hospital to provide that health care B. holding that statements that hospital would provide high quality care to patients were expressions of opinion or puffing C. holding that statements at issue were protected expressions of opinion because they lacked specificity and precision and the factual implications concerning such statements were unclear D. holding that care of the grounds was part of the business of the hospital E. holding that claim against hospital regarding patients fall caused by defective footboard on hospital bed constituted health care liability claim

assistant: The best answer is B. holding that statements that hospital would provide high quality care to patients were expressions of opinion or puffing
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: or the Board of Veterans’ Appeals be subject to trial de novo by the Court. (d) When a final decision of the Board of Veterans’ Appeals is adverse to a party and the sole stated basis for such decision is the failure of the party to comply with any applicable regulation prescribed by the Secretary, the Court shall review only questions raised as to compliance with and the validity of the regulation. 38 U.S.C. § 7261. The plain meaning of these sections clearly limits this Court’s jurisdiction to review a “decision of the Board.” 38 .U.S.C. § 7252(a). Nonetheless, from its inception, the Court has exercised its jurisdiction over issues which were implicit in the Board decision but which the Board did not specifically discuss. See, e.g., Fanning v. Brown, 4 Vet.App. 225, 229 (1993) (<HOLDING>); Ramas v. Derwinski, 1 Vet.App. 308, 313 Options: A. holding that the board failed to provide adequate reasons and bases for its decision by not discussing the applicability of a total disability rating based on individual unemployability B. holding that the trial court is required to provide reasons for its decision prior to appeal C. recognizing that the board is not required to give reasons and bases for concluding that a medical examiner is competent unless the issue is raised by the veteran because doing otherwise would fault the board for failing to explain its reasoning on unraised issues D. holding that the boards statement of reasons or bases must be adequate to enable a claimant to understand the precise basis for the boards decision as well as to facilitate review in this court E. holding that a reviewing court is not to substitute its decision for that of the board

assistant: The best answer is A. holding that the board failed to provide adequate reasons and bases for its decision by not discussing the applicability of a total disability rating based on individual unemployability
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: using any software that sends automated queries to the systems and networks we use to provide the services that seek bulk data , or determine how many saved routes or athletes we have for various queries ;

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 Company has all requisite power and authority to carry on its business as now being conducted, execute and deliver this Agreement, perform its obligations hereunder and consummate the transactions contemplated hereby. The execution and delivery by the Company of this Agreement and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of the Company. This Agreement has been duly and validly executed and delivered by the Company. This Agreement constitutes the valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms, assuming the due authorization, execution and delivery by the Investor.

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: The execution and delivery by such Person of this Amendment, and the performance of each of its obligations under this Amendment and the Agreement, as amended hereby, are within each of its organizational powers and have been duly authorized by all necessary organizational action on its part. This Amendment and the Agreement, as amended hereby, are such Person’s valid and legally binding obligations, enforceable in accordance with their respective terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: credibility about a battered woman, we find the court’s evidential ruling unduly restrictive. 9 We note that several jurisdictions have found battered woman syndrome evidence to be admissible for certain purposes in respect of a claim of duress. See, e.g., United States v. Simpson, 979 F.2d 1282, 1287-88 (8th Cir.1992), cert. denied, 507 U.S. 943, 113 S.Ct. 1345, 122 L.Ed.2d 727 (1993); United States v. Marenghi, 893 F.Supp. 85, 92-96 (D.Me.1995), aff'd, 109 F,3d 28 (1st Cir.1997); United States v. Brown, 891 F.Supp. 1501, 1508 (D.Kan.1995); Romero, supra, 13 Cal.Rptr.2d at 338-39, rev’d on other grounds, 8 Cal.4th 728, 35 Cal.Rptr.2d 270, 883 P.2d 388 (1994); State v. Williams, 132 Wash.2d 248, 937 P.2d 1052, 1058 (1997). See also Dunn v. Roberts, 963 F.2d 308, 313-14 (10th Cir.1992) (<HOLDING>); United States v. Johnson, 956 F.2d 894, 898 Options: A. holding that a lawyer is a necessary witness where the lawyers testimony is relevant to disputed material questions of fact and where there is no other evidence available to prove those facts B. holding that the relevant intent is not the intent to return ultimately but the intent to return to the united states within a relatively short period C. holding that the title of legislation is relevant to legislative intent D. holding that the rule 404b evidence admitted to prove intent was clearly relevant because intent was at issue in the trial E. holding battered woman syndrome evidence relevant when defendants intent is disputed

assistant: The best answer is E. holding battered woman syndrome evidence relevant when defendants intent is disputed
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: right should have to be surrendered in order to assert another,” the Supreme Court held “that when a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection.” Id. at 394, 88 S.Ct. 967. In State v. Samuels, 965 S.W.2d 913 (Mo.App. W.D.1998), this court extended the protection of Simmons to a conflict between the Sixth Amendment right to counsel and the Fifth Amendment privilege against self incrimination. In Samu-els, a defendant in a Rule 29.15 proceeding was required to testify about “details of his personal knowledge of the crime in an effort to bear the heavy burden necessary to overcome the presumption t 1 (8th Cir.1977) (<HOLDING>). In reliance on this authority, we concluded: Options: A. holding that defendants exercise of right to testify in own behalf waives his fifth amendment privilege against selfincrimination B. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel C. holding that the fourteenth amendment incorporated the sixth amendment right to counsel D. holding that a criminal defendant has a sixth amendment right to counsel at trial E. holding that a defendant who refused to fill out in forma pauperis forms as a condition of demonstrating indigence in connection with tax evasion prosecution could not be forced to choose between his sixth amendment right to counsel and his fifth amendment right against selfincrimination

assistant: The best answer is E. holding that a defendant who refused to fill out in forma pauperis forms as a condition of demonstrating indigence in connection with tax evasion prosecution could not be forced to choose between his sixth amendment right to counsel and his fifth amendment right against selfincrimination
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 and the agreements, instruments, and documents contemplated hereby, shall be governed by, and construed in accordance with, the Legal Requirements of the State of Delaware, without regard to any applicable principles of conflicts of law that might require the application of the Legal Requirements of any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the statute of limitations is an affirmative defense and should not be considered by the Court on a motion to dismiss. Plaintiffs further contend that in Merck & Co., Inc. v. Merck, 559 U.S. 633, 130 S.Ct. 1784, 176 L.Ed.2d 582 (2010), the Supreme Court held that the statute of limitations for securities plaintiffs only begins to run once plaintiffs are on notice of the facts constituting each element of the alleged § [10(b) ] violation. Plaintiffs maintain that since scienter is one element of a § 10(b)/Rule 10b-5 claim, before limitations could begin to run plaintiffs had to be on notice of specific facts evidencing Defendants’ scienter of the alleged misstatements. They cite City of Pontiac General Employees’ Retirement System v. MBIA, Inc., 637 F.3d 169, 175 (2d Cir.2011) (<HOLDING>). The Second Circuit remanded the suit to the Options: A. holding that under merck a fact is not deemed discovered until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint ie until he can plead that fact with sufficient detail and particularity to survive a 12b6 motion to dismiss B. holding a plaintiff must plead sufficient factual allegations to establish that a plausible contract exists but need not plead every detail of the contract C. holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case D. holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant E. holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss

assistant: The best answer is A. holding that under merck a fact is not deemed discovered until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint ie until he can plead that fact with sufficient detail and particularity to survive a 12b6 motion to dismiss
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 term of this Agreement shall commence on the Effective Date and shall continue until the first to occur of (a) the closing of the transactions contemplated by the Merger Agreement (the “ Closing ”), (b) the date of Holder’s Qualifying Termination (as defined below), provided such Qualifying Termination occurs prior to the Merger Termination Date (as defined below), or (c) the lapse of the Transfer Restrictions and the Forfeiture Restrictions set forth herein with respect to all shares of the Company’s common stock (the “ Shares ”) issued to Holder upon the accelerated vesting of the Additional Unvested Equity Awards. Following the expiration of the term of this Agreement, the Transfer Restrictions and the Forfeiture Restrictions, if any, set forth herein shall lapse and no longer apply.

assistant: Terms
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: Any notice or communication under this Agreement must be in writing and given by (i) deposit in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, (ii) delivery in person or by courier service providing evidence of delivery, or (iii) transmission by hand delivery, electronic mail or facsimile. Each notice or communication that is mailed, delivered, or transmitted in the manner described above shall be deemed sufficiently given, served, sent, and received, in the case of mailed notices, on the third business day following the date on which it is mailed and, in the case of notices delivered by courier service, hand delivery, electronic mail or facsimile, at such time as it is delivered to the addressee (with the delivery receipt or the affidavit of messenger) or at such time as delivery is refused by the addressee upon presentation. Any notice or communication under this Agreement must be addressed, if to the Company, c/o TPG Pace Energy Holdings Corp., at 301 Commerce St., Suite 3300, Fort Worth, TX 76102 Attention: Office of the General Counsel and, if to any Holder, at such Holder’s address as found in the Company’s books and records. Any party may change its address for notice at any time and from time to time by written notice to the other parties hereto, and such change of address shall become effective thirty (30) days after delivery of such notice as provided in this Section 5.1 .

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 legal provision and list the applicable contract clause categories. Provision: This Security Agreement shall continue in effect (notwithstanding the fact that from time to time there may be no Secured Obligations outstanding) until (i) the Credit Agreement has terminated pursuant to its express terms and (ii) all of the Secured Obligations have been indefeasibly paid and performed in full (or with respect to any outstanding Letters of Credit, a cash deposit or at the discretion of the Lender, a backup standby Letter of Credit satisfactory to the Lender has been delivered to the Lender as required by the Credit Agreement) other than contingent indemnification obligations as to which no claim has been made and no commitments of the Lender which would give rise to any Secured Obligations are outstanding.

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: If any provision of this Agreement or the application of any such provision to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof. To the extent permitted by law, the parties hereto hereby waive any provision of law that renders any provision of this Agreement invalid or unenforceable in any respect.

assistant: Severability