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: According to the court, the requirement that ERISA plans be maintained in writing precludes oral modifications of such plans, and the doctrine of estoppel cannot be used to alter this result. Id. Further, the court explained that ERISA requires that each plan shall “ ‘provide a procedure for amending such a plan, and for identifying the persons who have authority to amend the plan.’” Id. (quoting 29 U.S.C. § 1102(b)(3)). The court stated that by explicitly requiring that each plan specify the amendment procedures, Congress rejected the use of informal written agreements to modify an ERISA plan. Id. (citation omitted); see also Adams v. Thiokol Corp., 231 F.3d 837, 843 (11th Cir.2000) (citing Nachwalter); Smith v. Nat’l Credit Union Admin. Bd., 36 F.3d 1077, 1081 (11th Cir.1994) (<HOLDING>) (emphasis in original). Nevertheless, a Options: A. holding that any modification or amendment to an erisa plan can be supplemented or ap plied only after the amendment has been appropriately adopted in a formal complete and written form B. holding that the eighth amendment applies only after the state has secured a formal adjudication of guilt in accordance with the due process of law C. holding public had fair notice of adopted zoning amendment where uses permitted in adopted amendment were a subset of those permitted in the proposed amendment D. holding that the fourteenth amendment incorporated the sixth amendment right to counsel E. holding the sixth amendment applicable to the states through the fourteenth amendment

assistant: The best answer is A. holding that any modification or amendment to an erisa plan can be supplemented or ap plied only after the amendment has been appropriately adopted in a formal complete and written form
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: 1, 2013), art. 92. Other authorized manners of service in China include: (1) personal service on a party or its delegated representative, (2) service at the party’s residence, and (3) service via a court or the internal Chinese mail system. Id. art. 85-88. 6 Because the language of these provisions is plain and unambiguous, it is not necessary to resort to the rules of construction or other sources to interpret its meaning. Nevertheless, we note that our interpretation is supported by extra-jurisdictional authority requiring a party to mail a document abroad in addition to performing an act of service domestically in order to complete service on a defendant residing outside of the United States. See, e.g., Froland v. Yamaha Motor Co., 296 F. Supp. 2d 1004, 1007-08 (D. Minn. 2003) (<HOLDING>); Quinn v. Keinicke, 700 A.2d 147, 154 (Del. Options: A. holding that the actual amount of capital employed in the state by a foreign corporation was to be based on the property of the corporation that was within the state and that was used in business transacted within the state B. holding that the hague convention applied because while minnesota law permitted a foreign corporation to be served with process through the secretary of states office the applicable statute also required the secretary of state to mail a copy of the summons to the foreign corporation before service was effectuated C. holding that service was not perfected on the defendant german corporation because the plaintiff had failed tostrictly comply with the servieeofprocess requirements of the hague convention D. holding that service of process by international registered mail from germany to the united states satisfied the hague convention and constitutional due process E. holding that the hague service convention is selfexecuting

assistant: The best answer is B. holding that the hague convention applied because while minnesota law permitted a foreign corporation to be served with process through the secretary of states office the applicable statute also required the secretary of state to mail a copy of the summons to the foreign corporation before service was effectuated
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: has recently held that such double jeopardy protection is triggered by a jury verdict of acquittal even if the verdict was issued erroneously and the jury issued a new verdict within a matter of minutes. State v. Rodriguez, 2004-NMCA-125, ¶ 14, 136 N.M. 494, 100 P.3d 200, cert. granted, 2004-NMCERT-10, 136 N.M. 542, 101 P.3d 808 (explaining that the jury had been discharged after issuance of the verdict and the jury could have been subject to outside influences before being reassembled). After an acquittal, any type of fact-finding proceeding going to elements of the charged offense violates the federal double jeopardy clause. Smalis v. Pa., 476 U.S. 140, 142, 106 S.Ct. 1745, 90 L.Ed.2d 116 (1986); see Sanabria v. United States, 437 U.S. 54, 75, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (<HOLDING>). The Supreme Court has also instructed that Options: A. holding that no exceptions permit a retrial once the defendant is acquitted B. holding that when jury acquitted defendant on greater offense but deadlocked on lesserincluded offenses double jeopardy did not bar retrial of the lesers C. holding that when the jury acquitted the defendant on the greater offense but deadlocked on the lesserincluded offenses double jeopardy did not bar retrial of the lessers D. holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant E. holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted

assistant: The best answer is A. holding that no exceptions permit a retrial once the defendant is acquitted
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 Loan Party shall enter into or permit to exist any Contractual Obligation with any Affiliate (other than any other Loan Party) or engage in any other transaction with any Affiliate (other than any other Loan Party) except upon terms at least as favorable to such Loan Party as an arms-length transaction with unaffiliated Persons.

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 case excerpt and choose the best holding from the options. Case excerpt: 342, 123 S.Ct. 1471 (stating the second Miller factor as whether the state statute “substantially affeet[s] the risk pooling arrangement between the insurer and the insured).” Thus, although the Court has jettisoned use of the McCarran-Ferguson factors, prior cases addressing this particular factor are logically instructive to a degree. See, e.g. Ellis v. Liberty Life Assurance Co. of Boston, 394 F.3d 262, 276 (5th Cir.2004) (noting that the Miller analysis did not, for all intents and purposes, significantly alter prior holdings. utilizing the McCarran-Ferguson analysis because the differences between the second Miller factor and the first McCarran-Ferguson factor were less than noteworthy), cert. denied, — U.S. ---, 125 S.Ct. 2941, 162 L.Ed.2d 867 (2005); Kidneigh, 345 F.3d at 1188 (<HOLDING>);, see also Desrosiers v. Hartford Life & Options: A. holdings of the court of appeals not specifically reversed by the supreme court retain precedential value B. holding that unpublished opinions are of persuasive value at best and not precedential C. holding onejustice opinion has no precedential value D. holding the courts decision in miller did not eviscerate the precedential value of premiller case law E. holding that even district court cases decided by panels of three have no precedential value

assistant: The best answer is D. holding the courts decision in miller did not eviscerate the precedential value of premiller case 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 validity, interpretation and enforcement of this Amendment No. 12 and any dispute arising out of the relationship between the parties hereto, whether in contract, tort, equity or otherwise, shall be governed by the internal laws of the State of New York but excluding any principles of conflict of laws or other rule of law that would cause the application of the law of any jurisdiction other than the laws of the State of New York.

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 legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of the Holder in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No amendment, modification or waiver of, or consent with respect to, any provision of this Subordinated Note shall in any event be effective unless (i) the same shall be in writing and signed and delivered by the Issuer and the Holder and (ii) all consents required for such actions under the Transaction Documents to which the Issuer or the Holder is a party shall have been received by the appropriate Persons.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary set forth herein, this Agreement will terminate and be of no further force or effect (except as provided and contemplated in Section s 2 .3, 2 . 4 and this Article I II ) upon the expiration of the E ffectiveness Period or in the event the Earnout Amount (as defined in the Purchase Agreement) is paid entirely in cash .

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: No authorization, consent, license or exemption from, or filing or registration with, any Governmental Authority, nor any approval or consent of any other Person, is or will be necessary to the valid execution, delivery or performance by the Borrower of this Note, except those obtained or made on or prior to the date hereof and such filings as may be required to be made with the Securities and Exchange Commission and any state or foreign blue sky or securities regulatory authority after the issuance of this Note by the Borrower.

assistant: Approvals
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: whether a Terry stop was reasonable, we look at the totality of the circumstances, see Sokolow, 490 U.S. at 8, 109 S.Ct. at 1585, and we review the district court’s determination de novo, see United States v. Maragh, 894 F.2d 415, 417-18 (D.C.Cir.), cert. denied, — U.S. —, 111 S.Ct. 214, 112 L.Ed.2d 174 (1990). McKie acknowledges that the police undoubtedly had reason to stop Clipper. See Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 2416, 110 L.Ed.2d 301 (1990) (informant’s tip can provide reasonable suspicion). It is argued, however, that the police did not have reasonable suspicion that McKie himself was involved in criminal activity and that they stopped him only because he was with Clipper. See Ybarra v. Illinois, 444 U.S. 85, 91, 100 S.Ct. 338, 342, 62 L.Ed.2d 238 (1979) (<HOLDING>). McKie urges us not to adopt an “automatic Options: A. recognizing that an officer must have a reasonable articulable suspicion that the person has been is or is about to be engaged in criminal activity to frisk an individual for weapons and must have probable cause to conduct a further seizure B. holding that the mere assertion of constitutional right to refuse consent to search does not supply probable cause to search C. holding that probable cause is something more than mere suspicion D. holding that a persons mere propinquity to others independently suspected of criminal activity does not by itself constitute probable cause to search or reasonable suspicion to frisk E. holding that a mere anonymous tip that a person is carrying a gun without any corroborating evidence does not provide a reasonable suspicion of criminal wrongdoing justifying the officers stop and frisk of that person

assistant: The best answer is D. holding that a persons mere propinquity to others independently suspected of criminal activity does not by itself constitute probable cause to search or reasonable suspicion to frisk
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans and the Commitments or the termination of this Agreement or any provision hereof.

assistant: Survival
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: any prices posted in us dollar or non-us dollar currencies by linden lab on the service do not include any applicable sales tax , unless specifically noted that it is tax inclusive .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A. To begin the analysis of this issue, it is helpful to place the clergy sexual conduct statute in the context of the variety of third-degree criminal sexual conduct crimes described in Minn.Stat. § 609.344 (2006). That section criminalizes sexual penetration that occurs in various defined situations and, most significantly, removes consent as a defense to that penetration in many situations. In this latter respect, section 609.344 is at odds with the general notion in criminal law that consenting adults have a protected right to engage in sexual contact. The United States Supreme Court has held that a state may not generally criminalize sexual contact between consenting adults in the privacy of their home. Lawrence v. Texas, 539 U.S. 558, 578, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003) (<HOLDING>). The Court implied that this general rule may Options: A. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment B. holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts C. holding the right to marry is a central part of the liberty protected by the due process clause D. holding that private sexual contact between consenting adults is a liberty right protected by the due process clause of the fourteenth amendment E. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment

assistant: The best answer is D. holding that private sexual contact between consenting adults is a liberty right protected by the due process clause of the fourteenth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is or is to be a party have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) conflict with or result in any breach or contravention of any material Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person; or (c) violate any Law; except in any case for clauses (a), (b) or (c) where such violations would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: 27 (1991) (“We review a court’s imposition of sanctions under its inherent power for abuse of discretion.”). We do not seek to determine whether we would have applied the sanction ourselves in the first instance. See Eavenson, Auchmuty & Greenwald v. Holtzman, 775 F.2d 535, 540 (3d Cir.1985). IV. DISCUSSION As discussed above, the bankruptcy court acted pursuant to Rule 11 of the Federal Rules of Civil Procedure and Bankruptcy Rule 9011 when it sanctioned FE & B by denying FE & B’s fees application. All parties are in agreement, however, that sanctions could not properly be imposed against law firms under the Supreme Court’s interpretation of the version of Rule 11 then in effect. See Pavelic & LeFlore v. Marvel Entertainment Group, 493 U.S. 120, 110 S.Ct. 456, 107 L.Ed.2d 438 (1989) (<HOLDING>). The district court affirmed the bankruptcy Options: A. holding that a rule 11 sanctions award need only be appropriate thereby according broad discretion to the trial court B. holding that a motion for rule 11 sanctions is dispositive C. holding that rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question D. holding that rule 11 sanctions imposed by district court remained in effect after case was remanded to state court upon a finding that district court lacked subject matter jurisdiction over the case E. holding that misrepresentations in documents filed in state court in no way constituted a basis for imposing federal rule 11 sanctions

assistant: The best answer is C. holding that rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question
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: course of undertaking official duties. In such a context, it is often important to differentiate between situations in which the state actor is acting under exigent circumstances and those situations in which the state actor is working at a more deliberate pace. “Where a defendant is ‘confronted with a hyper-pressurized environment such as a high-speed chase ... it is usually necessary to show that the officer deliberately harmed the victim.’ Where a defendant has ‘the luxury of proceeding in a deliberate fashion ... deliberate indifference may be sufficient to shock the conscience.’ ” Kaucher v. County of Bucks, 455 F.3d 418, 426 (3d Cir.2006) (quoting Estate of Smith v. Marasco, 430 F.3d 140, 153 (3d Cir.2005)); see also, e.g., Armstrong v. Squadrito, 152 F.3d 564, 581 (7th Cir.1998) (<HOLDING>). Although courts usually are asked to assess Options: A. holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs B. holding that a difference of medical opinion was insufficient as a matter of law to establish deliberate indifference C. holding that deliberate indifference of jailors to prisoners repeated complaints over many days that he was being held without a hearing shocked the conscience D. holding that a prison official acts with deliberate indifference when he ignores the instructions of the prisoners treating physician E. holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment

assistant: The best answer is C. holding that deliberate indifference of jailors to prisoners repeated complaints over many days that he was being held without a hearing shocked the conscience
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: doubt” submitted to the jury that convicted him may have been unconstitutional. Moreover, as discussed infra, because trial counsel manifestly intended, at the end of the trial, to defend Mercer based solely on an insanity defense, counsel was reasonably unconcerned about the reasonable doubt instruction as it had no relevance to such defense upon which Mercer as the defendant earned the burden. Indeed, as discussed, Discussion, infra, at 240-43, because trial counsel tactically chose to rely on a concession that Mercer had committed the crimes charged in order to sustain the insanity defense for Mercer, such indifference to the reasonable doubt charge as given by Judge Han-nigan was completely understandable. Because as of the date of Mercer’s trial, t 46, 150 (N.D.N.Y.1996) (<HOLDING>). Nevertheless, insofar as Cage is, for Options: A. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel B. recognizing a constitutional claim for ineffective assistance of counsel C. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record D. holding that failure to object to admissible evidence was not ineffective assistance of counsel E. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate

assistant: The best answer is E. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate
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: Both before and after giving effect to the sale, transfer, assignment and conveyance of the First-Tier Assets pursuant to this Agreement, the Seller is solvent and the transfer of the 2017-A Exchange Note pursuant hereto is not being made with the intent to hinder, delay or defraud the creditors of the Seller or any affiliate thereof. The Seller is receiving from the Purchaser reasonably equivalent value in exchange for the transfer of 2017-A Exchange Note.

assistant: Solvency
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: Conduct its businesses in compliance with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 (to the extent applicable) and other similar applicable anti-corruption legislation in other jurisdictions and maintain policies and procedures designed to promote and achieve compliance with such laws.

assistant: Anti-Corruption 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: analogous to the kind of government overreaching proscribed by the doctrine of sentencing factor manipulation that has been described as a “kissing cousin of the doctrine of entrapment.” United States v. Gibbens, 25 F.3d 28, 30 (1st Cir.1994). The doctrine of sentencing factor manipulation prevents the government from “improperly enlarging] the scope or scale of the crime” in order to increase a defendant’s sentence. United States v. Montoya, 62 F.3d 1, 3 (1st Cir.1995); see also United States v. Connell, 960 F.2d 191, 194 (1st Cir.1992) (coining the term “sentencing factor manipulation”). Although the doctrine developed in the context of the sentencing guidelines, it also has been applied to conduct that manipulates mandatory minimum sentences imposed by statute. Montoya, 62 F.3d at 3 (<HOLDING>). Unlike entrapment, which requires evidence of Options: A. holding the use of a drug that carries a higher sentence rather than another drug does not amount to sentencing factor manipulation B. holding that cr 60b applies to criminal as well as civil judgments C. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled D. holding that sentence factor manipulation applies to statutory minimums as well as to the guidelines E. holding that 3553a did not permit courts to sentence below the statutory minimums in 21 usc 841b

assistant: The best answer is D. holding that sentence factor manipulation applies to statutory minimums as well as to the guidelines
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 and Executive understand and agree that this Policy shall constitute the entire understanding between them regarding the subject matter contained herein, and that all prior understandings regarding these matters are hereby superseded and replaced, unless specifically provided otherwise in this Policy.

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: Consultant shall provide services under this Agreement during the period beginning on May 1, 2017 through July 31, 2017 or such earlier date elected by the Company pursuant to Section 2.2 (the “ Service Term ”).

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: Whenever any payment of cash is to be made by the Company to any Person pursuant to this Certificate of Designations, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by wire transfer of immediately available funds pursuant to wire transfer instructions that Holder shall provide to the Company in writing from time to time with no less than two (2) Business Days prior written notice. Whenever any amount expressed to be due by the terms of this Certificate of Designations is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount due under this Certificate of Designations which is not paid within five (5) Business Days of when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of fifteen percent (15%) per annum from the date such amount was due until the same is paid in full (“ Late Charge ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without limiting any provisions of this Agreement, the Recipient shall be responsible for and shall pay any and all sales, use, value-added, goods and services and similar Taxes imposed on, or payable with respect to, any Services received pursuant to this Agreement and any fees or charges (including any Charges) payable by it pursuant to this Agreement (but excluding any Taxes imposed on the Provider’s net income). Notwithstanding anything to the contrary in the previous sentence or elsewhere in this Agreement, the Recipient shall be entitled to deduct and withhold from any payment to the Provider any such Taxes that the Recipient is required by applicable Law to withhold and shall timely remit such Taxes to the applicable Tax Authority.

assistant: Taxes
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 triggered when Giles became aware of his injury, which here was no later than June 2007, he was required to have filed his Section 1983 action by June 2009. His June 2011 complaint was filed well beyond the limitations period and, as a result, is time-barred. IV. For the foregoing reasons, we will affirm the District Court’s Order granting the motion to dismiss. 1 . If the ruling on the motion for reconsideration involved factual findings, we would review those findings for clear error. Max’s Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 673 (3d Cir.1999). 2 . In fact, the majority of courts faced with this issue had concluded before 2009 that a Section 1983 claim was available in this situation. See, e.g., McKithen v. Brown, 481 F.3d 89, 99 (2d Cir.2007) (<HOLDING>); Savory v. Lyons, 469 F.3d 667, 670-72 (7th Options: A. holding claim is not cognizable B. holding that a 1983 claim requesting release of evidence for dna testing is cognizable because plaintiff only seeks access to evidence C. holding that a claim seeking dna testing is cognizable under section 1983 D. holding that no 1983 claim exists for injunctive relief to compel dna testing E. holding claim is cognizable

assistant: The best answer is C. holding that a claim seeking dna testing is cognizable under section 1983
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 is no claim, action, suit, proceeding, arbitration, investigation, hearing or notice of hearing, pending or threatened, before any court or governmental, administrative or other competent authority or private arbitration tribunal against the ETI, or relating to or affecting (directly or indirectly, including by way of indemnification) the Business or the Assets, or the transactions contemplated by this Agreement; nor are any facts which could reasonably give rise to any such claim, action, suit, proceeding, arbitration, investigation or hearing, which may have any material adverse effect, individually or in the aggregate, upon the Business, the value of the Assets or the transactions contemplated by this Agreement. ETI has not waived any statute of limitations or other affirmative defense with respect to any of the aforesaid matters. There is no continuing order, injunction or decree of any court, arbitrator or governmental, administrative or other competent authority to which ETI is a party, or to which ETI, the Assets or the Business is subject. ETI, nor any current officer, director, or employee of ETI has been permanently or temporarily enjoined or barred by order, judgment or decree of any court or other tribunal or any agency or other body from engaging in or continuing any conduct or practice in connection with the Business.

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 case excerpt and choose the best holding from the options. Case excerpt: of a fatally flawed theory. In other cases, prejudice will be minimized by the fact that the party has notice of the need to adduce evidence in support of Article III even though neither the court nor the defendant makes a formal motion. For example, in Bischoff v. Osceola County, Fla., 222 F.3d 874, 882 n. 8 (11th Cir.2000), the Eleventh Circuit held that it was proper for the district court to apply a summary júdgment standard on a sua sponte challenge to standing because the plaintiffs were on notice that standing was an issue, as they raised it themselves in briefs. Similarly, to the extent that identical issues have already been raised in the litigation, the threat of procedural prejudice is greatly diminished. See Bridgeway Corp. v. Citibank, 201 F.3d 134, 140 (2d Cir.2000) (<HOLDING>). In the present case, although defendants had Options: A. holding that sovereign immunity issues may be raised sua sponte as they bear on subject matter jurisdiction B. recognizing that in the interest of judicial economy res judicata may properly be raised by a district court sua sponte particularly where both actions are brought in the courts of the same district C. recognizing reduced threat of procedural prejudice where courts sua sponte determination is based on issues identical to the raised by the moving party D. holding that the court can raise res judicata sua sponte even on appeal E. holding that we lack jurisdiction to consider claims not raised below by the alien even when the bia reviews the claim sua sponte

assistant: The best answer is C. recognizing reduced threat of procedural prejudice where courts sua sponte determination is based on issues identical to the raised by the moving party
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: See Am. Compl. Ex., at 80a. It is equally clear, therefore, that Plaintiff had no property interest in his role as HOCALJ. “Once a determination has been reached ... that an employee ‘held [his] position at the will and pleasure’: of his employer, “that finding ‘necessarily establishes that [the employee] had no property interest.’ ” Thomas, 351 F.3d at 113 (quoting Bishop v. Wood, 426 U.S. at 346 n. 8, 96 S.Ct. 2074)). While Plaintiff would be entitled to certain procedural guarantees if he was removed from his position as ALJ, his loss of the title and duties of HOCALJ and restoration to the role of ALJ “was not an action against an employee for which cause was required” and does not entitle Plaintiff to the protections of the Due Process Clause. See Pinar, 747 F.2d at 913-14 (<HOLDING>). Plaintiff had no property interest in his Options: A. holding that a disclaimer setting forth policies for general guidance only which stated that it did not create a binding contract and that the employee could be terminated without notice and at will at any time for any reason unambiguously provided that employment was atwill B. holding that a public employee who may only be terminated for cause has a property interest in his position that is protected by the 14th amendment C. holding that entitlement to benefits is a property interest protected by the due process clause of the fifth amendment to the united states constitution D. holding that the elevation of a federal employee who could not be removed without cause to a temporary promotion that could be terminated at any time at the discretion of the agency did not confer a property interest protected by the due process clause in the elevated position E. holding that a public employee who can be discharged only for cause is entitled to at least some informal due process before he can be terminated

assistant: The best answer is D. holding that the elevation of a federal employee who could not be removed without cause to a temporary promotion that could be terminated at any time at the discretion of the agency did not confer a property interest protected by the due process clause in the elevated position
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 has or will use the proceeds of the Loans and will use the Letters of Credit solely for the purposes set forth in Section 5.17 . No part of the proceeds of any Loan have or will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board of Governors of the Federal Reserve System, including Regulations T, U and X.

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 legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or the application thereof to any Person or circumstance shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by Law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the full and entire understanding and agreement between the parties with respect to the subject hereof and supersede all prior agreements and understandings, whether written or oral, among the parties with respect thereto.

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: There is no action, suit, inquiry, notice of violation, proceeding or investigation, inquiry or other similar proceeding of any federal or state government unit pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the issuance of the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. The Company has no reason to believe that an Action will be filed against it in the future. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the SEC involving the Company or any current or former director or officer of the Company. The SEC has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act, and the Company has no reason to believe it will do so in the future.

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 case excerpt and choose the best holding from the options. Case excerpt: business, and now it is bankrupt. The trial court further found that a recovery of $3500 could not reinstate respondent to its former status. We agree with the trial court and hold that, based on the evidence presented at trial, respondent was entitled to recover lost net profits for the entire lease period. Id. Appellant contends that our ruling will result in an undeserved windfall for respondent because respondent incurred no expenses from July 1, 1987, to February 1, 1988. Appellant further claims that a recovery of lost future profits here is too speculative. We disagree. Lost future profits are recoverable when they are established with reasonable certainty. Absolute certainty is not required. See Cardinal Consulting Co. v. Circo Resorts, Inc., 297 N.W.2d 260, 266-67 (Minn.1980) (<HOLDING>). Here, expert testimony was introduced which Options: A. holding that an unestablished business may recover lost prospective profits B. holding that a business owners testimony was insufficient to establish lost profits where he was not able to specify which contracts they lost how many they lost how much profit they would have had from the contracts or who would have awarded them contracts and explaining that the plaintiffs could have supported their lost profits with testimony that they had lost out on specific contracts but failed to do so C. holding that lost profits were covered where the insureds product a motor used in a treadmill was defective and caused lost profits on the sale of the treadmills D. holding that the plaintiffs attempted to recover lost profits which under the facts of the case were consequential damages E. holding past profits coupled with other facts and circumstances may establish lost profits

assistant: The best answer is A. holding that an unestablished business may recover lost prospective profits
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: any person or the United States from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin or economic status in the selection of persons for service on grand or petit juries. The Fifth and the Eighth Circuits read § 1867 to mean a defendant pursing a constitutional challenge to a jury pool need not comply with its provisions. See United States v. De Alba-Conrado, 481 F.2d 1266, 1270 n. 5 (5th Cir.1973) (citing the plain language of the statute and the legislative history in holding the procedures set forth in the Act are not applicable to constitutional challenges to a jury venire); United States v. Jones, 687 F.2d 1265, 1269 (8th Cir.1982) (<HOLDING>). The Eleventh Circuit, meanwhile, applies § Options: A. holding failure to comply with 851b was harmless error in part because defendant did not comply with 851c procedures for challenging prior convictions B. holding the failure to comply with the act does not bar defendant from raising a constitutional challenge to jury selection procedures C. holding that plaintiffs failure to exhaust available grievance procedures does not bar her title vii claims D. holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief E. holding that the failure to file a proper motion to dismiss raising a constitutional challenge to a criminal statute waives the issue on appeal

assistant: The best answer is B. holding the failure to comply with the act does not bar defendant from raising a constitutional challenge to jury selection procedures
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 armed robbery would authorize a jury to find that Simpkins was willing to commit murder for pecuniary gain. OCGA § 17-10-30 (b) (4). Although the evidence probably will authorize a jury to find these two aggravating factors in the vast majority of armed robbery-murder cases, and although these aggravating factors arise from the same conduct in this case, the aggravating circumstances reveal different characteristics of the defendant and his crimes, and each aggravating circumstance genuinely serves to narrow the class of defendants eligible for the death penalty. 9 Zant v. Stephens, 462 U. S. 862, 877 (103 SC 2733, 77 LE2d 235) (1983); Lowenfield v. Phelps, 484 U. S. 231, 244 (108 SC 546, 98 LE2d 568) (1988). 10 See generally Henderson v. Dugger, 925 F2d 1309, 1319 (11th Cir. 1991) (<HOLDING>). 11 See Gregg v. Georgia, 428 U. S. 153, 221, Options: A. holding that the crime of attempted felony murder no longer existed in florida B. holding that in florida there is no impermissible doublecounting of aggravating circumstances when the same facts reveal different characteristics of the crime C. holding that the determination whether relevant facts are extraordinary aggravating circumstances is a conclusion of law that remains within the discretion of the trial court if it is based on blakelycompliant or blakelyexempt facts D. holding that there is no crime of attempted felony murder in florida E. holding that the public disclosure must reveal both the true state of facts and that the defendant represented the facts to be something other than what they were

assistant: The best answer is B. holding that in florida there is no impermissible doublecounting of aggravating circumstances when the same facts reveal different characteristics of the crime