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

user: Read the legal provision and list the applicable contract clause categories. Provision: The invalidity or unenforceability of any one (1) or more provisions of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect.

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 case excerpt and choose the best holding from the options. Case excerpt: “should be held jointly and severally liable for any award of damages under 29 U.S.C. § 1132”); see also Doc. 27 at 6 (“Caudle’s contention is that Cigna vicariously does business in Alabama using subsidiaries like LINA as proxies.”) (emphasis in original)). Further, while Ms. Caudle has referred to some ERISA-based authorities that have permitted limited jurisdictional discovery from a parent corporation such as Cigna, she has not pointed to any cases that have ultimately allowed a parental holding company to be held jointly and severally liable for the actions of its subsidiary in denying a plaintiffs benefits claim under an ERISA co-conspirator, vicarious liability, and/or alter ego theory. Cf. Flanigan’s Enters., Inc. v. Fulton County, Ga., 242 F.3d 976, 987 n, 16 (11th Cir.2001) (<HOLDING>); Ordower v. Feldman, 826 F.2d 1569, 1576 (7th Options: A. holding that a party waives an argument if the party fails to elaborate or provide any citation of authority in support of the argument B. holding that an issue is waived when a party fails to provide adequate citation to authority C. recognizing that where a party fails to provide any authority for an argument we will presume that none exists D. holding party must support argument with legal authority E. holding that a party waives an argument that it raises in the background section of its brief but not in the argument section

assistant: The best answer is A. holding that a party waives an argument if the party fails to elaborate or provide any citation of authority in support of the argument
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Asset Representations Reviewer resigns or is removed, the Asset Representations Reviewer will cooperate with the Issuer and take all actions reasonably requested to assist the Issuer in making an orderly transition of the Asset Representations Reviewer’s rights and obligations under this Agreement to the successor Asset Representations Reviewer. The Asset Representations Reviewer will pay the reasonable expenses of transitioning the Asset Representations Reviewer’s obligations under this Agreement and preparing the successor Asset Representations Reviewer to take on the obligations on receipt of an invoice in reasonable detail from the Issuer or the successor Asset Representations Reviewer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms and conditions (including, without limitation, the exercise period of the Stock Appreciation Right, the vesting schedule applicable thereto and the impact of any termination of service on the Participant’s rights with respect to the Stock Appreciation Right) applicable with respect to (i) Stock Appreciation Rights granted in tandem with an Option shall be substantially identical (to the extent possible taking into account the differences related to the character of the Stock Appreciation Right) to the terms and conditions applicable to the tandem Options and (ii) freestanding Stock Appreciation Rights shall be substantially identical (to the extent possible taking into account the differences related to the character of the Stock Appreciation Right) to the terms and conditions that would have been applicable under Section 6 above were the grant of the Stock Appreciation Rights a grant of an Option. In no event shall the term of a Stock Appreciation Right exceed a period of ten years from the date of grant. No dividends or Dividend Equivalents shall be payable in respect of Stock Appreciation Rights.

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 case excerpt and choose the best holding from the options. Case excerpt: state an unjust enrichment claim under Montana law, and the district court properly dismissed its claims against PPL and Encana. Moreover, to the extent the plaintiffs’ claims against PPL and Encana were brought under § 1983, the district court properly dismissed them because the plaintiffs failed to allege that the companies violated the single mothers’ federal constitutional or statutory rights and because the companies were not a S.Ct 836, 92 L.Ed. 1161 (1948)). 4 . In determining whether MPC’s lobbying efforts constituted "state action” sufficient to implicate the federal Constitution’s Fourteenth Amendment, we also necessarily determine whether MPC’s action occurred "under color of state law” within the meaning of the Supreme Court's § 1983 jurisprudence. See Brentwo th Cir.1990) (<HOLDING>). 6 . To the extent the plaintiffs allege that Options: A. holding that the state police is a state agency B. holding that utah state bars publishing of a newspaper was state action since the utah state bar is a governmental entity established by state law and created as an administrative agency of the utah supreme court C. holding that state sovereign immunity bars state constitutional claims D. holding that a state agency created under state law was a state actor E. holding that an action naming a state entity as a defendant did not constitute an action against the state because the state entity was sued in its capacity as receiver

assistant: The best answer is B. holding that utah state bars publishing of a newspaper was state action since the utah state bar is a governmental entity established by state law and created as an administrative agency of the utah supreme court
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 be reimbursed for any reasonable expenses incurred while performing Services on behalf of SUNESIS, including travel ( i.e . airfare, meals and lodging), provided such expenses are approved by SUNESIS in advance. All air travel on behalf of SUNESIS shall be coach class unless otherwise mutually agreed by the parties. As a condition to receipt of reimbursement, CONSULTANT shall be required to submit to SUNESIS reasonable evidence that the amount involved was expended and related to Services provided under this Consulting Agreement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (Tr. 1288:7-15.) The Court explained that the mere presence of Melo at the crime scene with the knowledge that a crime is being committed, or “the mere acquiescence by a defendant in [ ] criminal conduct of others even with guilty knowledge” would not justify aiding and abetting liability. (Tr. 1287:25; 1288:1-4.) The jury charge provided all of the elements of aiding and abetting liability and made clear that the jury could not find Melo guilty of aiding and abetting based only on his knowledge that a firearm would be used, carried, or possessed during the robberies. Nooter’s decision not to object to the Court’s aiding and abetting instruction was reasonable because the charge to the jury was an accurate statement of the law. See Aparicio v. Artuz, 269 F.3d 78, 100 (2d Cir.2001) (<HOLDING>). For the same reason, Melo cannot establish Options: A. holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction B. holding that trial courts failure to provide additional instructions as to plaintiffs burden of proof in negligence case was not reversible error there having been no proper and accurate request for such instruction C. holding that the failure to object to a trial courts instruction constitutes waiver D. holding that because the jury instructions were not improper the failure of petitioners trial counsel to object or request an additional instruction was not objectively unreasonable E. holding that the failure to object to an instruction constitutes a waiver of error

assistant: The best answer is D. holding that because the jury instructions were not improper the failure of petitioners trial counsel to object or request an additional instruction was not objectively unreasonable
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: contractor’s negligent repair of a leak that caused mold infestation). , However, a structurally deficient building is an economic loss rather than injury to property. In Pender Veterinary Clinic v. Patton, Harris, Rust & Associates, No. 99106, 1990 WL 10039283 (Va.Cir.Ct. Nov. 27, 1990), the court explained this distinction: In effect, [the plaintiffs] claim that the building does not meet the standard of quality they contracted for, that the building injures itself because one of the component parts, the design, was defective. The damages claimed are not injury to property, but instead are complaints as to the quality. According to Sensenbrenner, they are economic damages for which the law of contracts provides the sole redress. Id. at *1. See also Sensenbrenner, 374 S.E.2d at 56-58 (<HOLDING>). The plaintiff has not alleged any damages Options: A. holding that defendant staying in abandoned house had no legitimate expectation of privacy in the house despite having a key to the house and the ability to let people in and out of it B. holding that article x 2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially C. holding that corrosion caused by contact between soil and foundation of the house is the type of loss the exclusion for deterioration was meant to cover D. recognizing record supported determination that defendant lacked expectation of privacy in house E. holding that a structurally unsound pool that caused water pipes to break and the foundation of a house to crack only supported a contract claim

assistant: The best answer is E. holding that a structurally unsound pool that caused water pipes to break and the foundation of a house to crack only supported a contract claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: considering the ALJ’s award as not final, thereby delaying its enforcement, creates a needless ethical conflict between claimants and their counsel in LHWCA proceedings: in order to secure payment of fees and costs sooner, counsel may be tempted to advise clients not to appeal compensation awards. Although we are concerned about the possible ethical implications of section 921(a), it is Congress’ role or that of the agency to address them. Indeed, recognizing the economic penalty claimants’ counsel may incur by filing an appeal, the Benefits Review Board has held that counsel may request fee enhancements as supplemental fee petitions and not as requests to reopen fee awards that have become final. See Bellmer, 32 B.R.B.S. 245, 1998 WL 850155, at *1; see also Johnson, 183 F.3d at 1171 (<HOLDING>). In this way, counsel may seek additional fees Options: A. recognizing the publics interest in receiving the best value in public services B. holding that a 103day delay in payment did not amount to bad faith because the carrier gave a reasonable explanation for the delay in payment it was continuing its investigation C. recognizing claimants interest in receiving compensation for delay in payment of fee awards partially addressed by bellmers supplementalfee ruling D. holding that mere delay in payment for a while would not be a material breach E. holding that the plaintiffs counsel were not entitled to compensation for a seventeenmonth delay in the payment of approximately 11500 in attorneys fees in one matter and a fourteenmonth delay in the payment of approximately 8000 in fees in another matter because the delay itself was not very long and the amount of fees not very high

assistant: The best answer is C. recognizing claimants interest in receiving compensation for delay in payment of fee awards partially addressed by bellmers supplementalfee ruling
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $10,000,000 the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $10,000,000 the fair market value of the assets of all such underfunded Plans.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereinafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred, except for any such sale and leaseback of any assets if (a) the sale is made under the permissions of Section 6.05 , (b) the sale and leaseback is consummated within 180 days after the Parent Borrower or such Subsidiary acquires or completes the construction of such asset and (c) any Indebtedness incurred under the leaseback is permitted by Section 6.01 .

assistant: Sales
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: to their § 924(e) convictions it removed the condition underlying the original legality of their unenhanced § 841 sentences. Whether those § 841 sentences actually became illegal at that moment may be too metaphysical a question to answer. But given the interdependency, the appellants could not — at the moment of launching their challenges — have entertained any reasonable expectation in the finality of their § 841 sentences. Rhodes, 106 F.3d at 432 n. 3. It makes no difference that these defendants challenged their § 924(e) sentences under § 2255, while in Rhodes the challenge occurred on direct appeal. In both the defendant “voluntarily” brought the challenge, id., and that controls. Cf. North Carolina v. Pearce, 395 U.S. 711, 721, 89 S.Ct. 2072, 2078-79, 23 L.Ed.2d 656 (1969) (<HOLDING>). Appellants make much of certain language in Options: A. holding possibility of more severe sentence on retrial after appeal or collateral attack does not violate double jeopardy or due process protections B. holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted C. holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met D. holding double jeopardy bar on subsequent prosecution did not apply even after defendant had been sentenced when he breached conditions of his guilty plea and refused to testify for a second time at codefendants retrial for murder E. holding that fact that conviction has been overturned at defendants behest removes double jeopardy bar to increased sentence after retrial

assistant: The best answer is E. holding that fact that conviction has been overturned at defendants behest removes double jeopardy bar to increased sentence after retrial
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 hereby created a class of Units designated as “Series A Convertible Preferred Units”, with the designations, preferences and relative, participating, optional or other special rights, powers and duties as set forth in this Section 5.11 and elsewhere in this Agreement.

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: Each Grantee shall be provided with an agreement specifying the terms of an Award. The Company shall arrange for the recording of Grantee’s ownership of the Restricted Stock on a book entry recordkeeping system maintained on behalf of the Company.

assistant: 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: On the Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of (i) $10,003,500 of Shares for each Purchaser equal to such Purchaser’s Subscription Amount for Shares as set forth on the signature page hereto executed by such Purchaser divided by the Per Share Purchase Price, and (ii) Warrants, as determined pursuant to Section 2.2(a). Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company or its designee. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Section 2.3, the Closing shall occur at the offices of the Placement Agent or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company.

assistant: Closings
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 reestablished.” (Emphasis added.) The Comment to Subsection (b), of that statute states: “Subsection (b) is intended to insure that any immunity provisions provided in the act or by common law will prevail over the liability provisions. It is anticipated that the Courts will realistically interpret both the statutory and common law immunities in order to effectuate their intended scope.” We have repeatedly emphasized that “immunity is the dominant theme of the Act” and that where immunity applies, liability does not attach. Weiss v. New Jersey Transit, 128 N.J. 376, 382-83, 608 A.2d 254 (1992); see Pico v. State, 116 N.J. 55, 560 A.2d 1193 (1989); Rochinsky v. State, Dep’t of Transp., 110 N.J. ); Aebi v. Monmouth County Highway Dep’t, 148 N.J.Super. 430, 434, 372 A.2d 1130 (1977) (<HOLDING>). In applying N.J.S.A. 59:4-5, our unifying Options: A. holding officer had a reasonable basis to stop a motorist for crossing the fog line and that failure to have regard for the width and use of the street by swerving off the side of the road or crossing the marker lines constitutes probable cause for a traffic stop B. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county C. holding that a failure to warn was not a policy judgment D. holding county immune under njsa 5945 for failure to warn motorists that the width of the road way was being suddenly reduced to the width of the bridge E. holding that a bia road was a tribal road by considering the nature of the rightofway at issue and finding that although the tribe had relinquished certain gatekeeping rights by allowing public use of the road and collaborating with the bia in maintaining it the tribe had maintained other significant gatekeeping rights because the rightofway was not granted to the state and the road did not form any part of the states highway system

assistant: The best answer is D. holding county immune under njsa 5945 for failure to warn motorists that the width of the road way was being suddenly reduced to the width of the bridge
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 Release may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, and such counterparts shall constitute but one and the same instrument and shall be binding upon each party hereto as fully and completely as if all had signed but one instrument. The exchange of copies of this Release, any signature pages required hereunder or any other documents required or contemplated hereunder by facsimile or portable document format (“ PDF ”) transmission shall constitute effective execution and delivery of such signature pages and may be used in lieu of the original signature pages for all purposes. Signatures of the parties transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: more competitive bidding position than non-minority-owned subcontractors. Adarand would control this case if the Commission’s regulations put minority job applicants in a better position than non-minority applicants. But the regulations do no such thing. Indeed, they do not even offer incentives for licensees to prefer minority over non-minority job applicants. Stations with inadequate outreach programs cannot protect themselves from enforcement actions by preferring minorities in order to meet the 50% parity goal. See In re Kelly Communications, Inc., 12 F.C.C.R. 17,868 ¶¶ 11-13 (1997). And stations with adequate outreach programs face no sanctions for failing to reach specific numerical levels of minority hiring. See In re Louisiana Broadcast Stations, 7 F.C.C.R. 1503 ¶¶ 16-19 (1992) (<HOLDING>); In re Miami Broadcast Stations, 5 F.C.C.R. Options: A. holding that by failing to move for continuance defendant waived relief under rule 16g by not making timely efforts to mitigate or eliminate the prejudice caused by the prosecutors conduct B. holding that whether attorney complied with fiduciary duty to disclose all material information was question of fact C. holding that the defendant waived any argument on the issue by failing to oppose a motion to dismiss D. holding defendants were entitled to a decision on the merits on rule 11 sanctions where they substantially complied with rule 11c1a by sending a letter rather than serving a motion E. holding that station complied with eeo rule based on its minority recruitment efforts despite failing to hire any minorities

assistant: The best answer is E. holding that station complied with eeo rule based on its minority recruitment efforts despite failing to hire any minorities
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: you further represent and warrant that you are the rightful owner of all such data that onavo collects or that you are permitted by the rightful owners to grant us the rights to use it in accordance with this agreement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No approval, consent, exemption, authorization, or other action by, or notice to, or filing with, any Governmental Authority or any other Person is necessary or required in connection with (a) the execution, delivery or performance by, or enforcement against, each Wholly Owned Opco Guarantor of this Agreement, or (b) the exercise by the Collateral Agent or any other Secured Party of its rights under the Loan Documents or pursuant to this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by which the court conducts its review; its purpose is to require a zoning board of adjustment to forward to the court the record of the zoning decision being challenged, and has nothing to do with the court’s jurisdiction. Id. The granting of the writ itself is discretionary, because Tex. Loc. Gov’t Code Ann § 211.011 (c) (Vernon 1988), provides that upon application, the district court “may” issue the writ. However, section 211.011(e) provides that evidence may also be submitted at a hearing on the appeal. Should the district court not issue the writ, then the appellants would have the burden of providing a sufficient record at the hearing to determine the illegality of the Board’s decision. Cf. Barry Nussbaum v. City of Dallas, 948 S.W.2d 305, 307 (Tex.App.—Dallas 1996, no writ) (<HOLDING>). It does not appear to' be an abuse of Options: A. holding no liability existed under the circumstances B. holding that standing existed C. holding no defamation existed D. holding that under the similar tex log govt code ann 2140012a where appellant failed to request writ of certiorari and no evidence existed in record presumption was that sufficient evidence existed to uphold boards decision E. holding that plaintiff failed to offer sufficient evidence to support a finding that a similar position existed after his termination

assistant: The best answer is D. holding that under the similar tex log govt code ann 2140012a where appellant failed to request writ of certiorari and no evidence existed in record presumption was that sufficient evidence existed to uphold boards decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute but one and the same instrument. Delivery of a signature page of any Loan Document by telecopy, pdf, or other electronic means shall be effective as delivery of a manually executed counterpart of such agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, there are no other agreements entered into between the Financial Institution and the Pledgor with respect to any Designated Account or any financial assets credited thereto (other than standard and customary documentation with respect to the establishment and maintenance of such Designated Accounts). The Financial Institution and the Pledgor will not enter into any other agreement with respect to any Designated Account unless the Controlling Party shall have received prior written notice thereof. The Financial Institution and the Pledgor will not enter into any other agreement with respect to “control” of the Designated Accounts without the prior written consent of the Agents, each acting in its sole discretion. In the event of any conflict with respect to “control” over any Designated Account between this Control Agreement (or any portion hereof) and any other agreement now existing or hereafter entered into, the terms of this Control Agreement shall prevail. No amendment or modification of this Control Agreement or waiver of any right hereunder shall be binding on any party hereto unless it is in writing and is signed by all the parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Robinson’s due process rights if a suitable postdeprivation remedy existed for him to contest the forfeiture of his property. See Hudson, 468 U.S. at 533. Illinois courts have created a common-law right for property owners who did not receive notice as re e exists, nor does he contend that it is an inadequate remedy. In fact, Robinson even attempted to avail himself of the remedy by filing a motion to vacate with the court that presided over his dismissed criminal charges. The fact that Robinson’s attempt was unsuccessful does not establish that the motion to vacate is inadequate to protect his right to due process. See Galdikas v. Fagan, 342 F.3d 684, 693 n.5 (7th Cir.2003) (citing plaintiffs’ state lawsuit as proof of the adequacy of postdeprivation remedies); Hamlin, 95 F.3d at 585 (<HOLDING>). If Robinson believes that the state trial and Options: A. holding that postdeprivation remedy must be meaningless or nonexistent to be inadequate B. holding that legislative language must not if reasonably avoidable be found to be inoperative superfluous or meaningless C. recognizing that prisoner alleging inadequate access to courts must show how inadequate access caused actual injury D. recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous E. holding that a court cannot construe claims to read an express limitation out of the claim or render it meaningless

assistant: The best answer is A. holding that postdeprivation remedy must be meaningless or nonexistent to be 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 case excerpt and choose the best holding from the options. Case excerpt: the offerors submit electronic versions of proposals by email, while the solicitation at issue here requires electronic versions to be submitted on compact discs. As such, defendant argues, “T Square did not submit a timely version of its proposal through a delivery method authorized in the solicitation—rendering its proposal nonresponsive.” EOF No. 20 at 25 (citing AR at 100, 139-140). Defendant maintains that, absent compliance with the solicitation, the proposal cannot be considered for award. In support of its position, defendant cites two cases in which the court dismissed post-award protests for lack of standing when the disappointed bidder submitted a proposal that did not comply with the solicitation. See A & D Fire Protection, Inc. v. United States, 72 Fed.Cl. 126, 139 (2006) (<HOLDING>); Bannum, Inc. v. United States, 2007 WL Options: A. holding that the losing bidder has standing to challenge the award of a government procurement contract B. holding that city had implied contract with bidder to treat bidder fairly C. holding that in the postaward context a disappointed bidder lacked standing to bring a protest action when its submission was nonresponsive to the solicitation D. holding that in the postaward context a protesting party lacked standing to bring the protest action because it could not show a substantial chance of receiving an award when its submission did not comply with the solicitations substantive requirements E. holding that a denial of a bid protest without holding a hearing did not deprive a disappointed bidder of any property rights because there is no legitimate claim of entitlement to a government contract unless the contract actually is awarded

assistant: The best answer is C. holding that in the postaward context a disappointed bidder lacked standing to bring a protest action when its submission was nonresponsive to the solicitation
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: inherent power “to curb abuses and promote a fair process.” Richardson, 76 Hawai'i at 507, 880 P.2d at 182. Accordingly, we reverse the ICA’s ruling that the trial court abused its discretion in giving the instruction. B. Ford’s Supplemental Document Productions Ford also challenges the ICA’s reversal of the trial court’s partial denial of plaintiffs’ motion to exclude Ford’s supplemental production of documents. Preliminarily, plaintiffs styled their request as a “motion in limine,” but based it on the rules of discovery. We thus construe the motion as a request for discovery sanctions, the denial of which we review under an abuse of discretion standard. See Kawamata Farms, 86 Hawai'i at 241, 948 P.2d at 1082. See also Thibeault v. Square D Co., 960 F.2d 239, 244 (1st Cir.1992) (<HOLDING>). In their motion, plaintiffs cited HRCP Rule Options: A. holding that the intent to discriminate under batson is a pure issue of fact subject to review under a deferential standard B. holding that the standard of review for an award of statutory damages is even more deferential than an abuse of discretion standard C. holding that the less deferential skidmore standard was a more appropriate standard to be applied to an agencys unpublished opinion D. recognizing that the interaction of general constitutional rules governing pretrial identification procedures and the deferential standard of habeas review affords significant discretion to the state court E. recognizing the rock solid basis for such a deferential standard of review

assistant: The best answer is E. recognizing the rock solid basis for such a deferential standard of review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Union Carbide should reasonably have foreseen, and therefore warned against, the use of its oxygen regulator in these circumstances. The rule of the Mitchell case, affirming summary judgment, therefore furnishes adequate ground for full summary judgment in favor of Union Carbide. II. Mr. Dusoe’s Knowledge and Experience in the Operation of Oxy-Acetylene Torches The competence and knowledge of the user may reduce or eliminate the duty of the manufacturer to warn of the risks of the use and foreseeable misuse of the product. In addition to the decisions cited above (Introduction Parts C and D), see Hoffman v. Houghton Chemical Corporation, 434 Mass. 624, 629-31 (2001 ) (dicta), and American Mutual Liability Ins. Co. v. Firestone Tire & Rubber Co., 700 F.2d 993, 995 (5th Cir. 1996) (<HOLDING>), as expressions of the so-called Options: A. holding that even if the industry and federal regulations evidenced an inherent danger and the defendant knew or should have realized that the device was or was likely to be dangerous for the use for which it was supplied there was a complete absence of evidence that the defendant had reason to believe that the plaintiff or its employees would not realize the danger B. holding that the plaintiff reasonably should have been knowledgeable about the danger of over inflating tires after two years on the job as an agricultural service tireman C. holding that a motion to intervene filed after final judgment should have been granted D. holding danger was so open and obvious to plaintiff that as a matter of law he knew or should have known of danger E. holding as a matter of law that a child of the tender age of 3 years and 8 months could not have realized the risk or danger of an artificial body of water

assistant: The best answer is B. holding that the plaintiff reasonably should have been knowledgeable about the danger of over inflating tires after two years on the job as an agricultural service tireman
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 Lenders agree to indemnify the Agent in its capacity as such (to the extent not reimbursed by Holdings or the Borrowers and without limiting the obligation of Holdings or the Borrowers to do so), ratably according to their respective Pro Rata Shares in effect on the date on which indemnification is sought under this Section (or, if indemnification is sought after the date upon which the Term Loan Loans shall have been paid in full, in accordance with such Pro Rata Shares immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Term Loan Loans ) be imposed on, incurred by or asserted against such Agent in any way relating to or arising out of, the Commitments, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent under or in connection with any of the foregoing; provided that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and non-appealable decision of a court of competent jurisdiction to have resulted from the Agent’s gross negligence or willful misconduct. The agreements in this Section shall survive the payment of the Term Loan Loans and all other amounts payable hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All required Federal, state and other material tax returns have been filed by the General Partner with the appropriate authorities except (i) to the extent that extensions of time to file have been requested, granted and have not expired and (ii) to the extent such taxes are being contested in good faith and for which adequate reserves, in accordance with GAAP, are being maintained.

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: testimony even if the testimony is not controverted. Id. at 855; Castro v. State, 914 S.W.2d 159, 162 (Tex.App.—San Antonio 1995, pet. ref d). B. The Right Against Compelled Self-Incrimination To protect against compelled self-incrimination, the Fifth Amendment entitles a defendant to the assistance of counsel if invoked. Holloway v. State, 780 S.W.2d 787, 792 (Tex.Crim.App.1989). Once an accused asserts the Fifth Amendment right to counsel, all interrogation must cease and may begin again only if counsel has been made available or if the accused initiates further communication. Id. at 789; Meeks v. State, 897 S.W.2d 950, 953 (Tex.App.—Fort Worth 1995, no pet.) (citing Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981)); see Castro, 914 S.W.2d at 162 (<HOLDING>). The trial court found Flores had initiated Options: A. holding that the trial court did not err in admitting the suspects statements to police where the suspect himself initiated his statement after previously expressing a different desire thereby clearly evincing his intent not to remain silent B. holding that trial court did not err C. holding trial court did not err in admitting victims statement that she was afraid of man with same first name as defendant because statement admissible under rule 8033 D. holding district court did not violate sixth amendment by admitting defendants outofcourt statement E. holding that because defendant initiated conversation leading to statement trial court did not err in admitting statement

assistant: The best answer is E. holding that because defendant initiated conversation leading to statement trial court did not err in admitting statement
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: Concerning Her Motion for Spoliation Sanctions and Her Motion for a Hearing Ms. Toomer also objects to Magistrate Judge Harvey’s recommendation that this Court deny her motion for spoliation sanctions against the defendant and deny her motion for a hearing on her motion for spoliation sanctions. See Pl.’s Objs., ECF No. 99 at 36-41. This objection is meritless and thus overruled. First, the primary piece of evidence that is the subject of Ms. Toomer’s motion for spoliation sanctions — the action figure— was found by defendant during the course of this litigation. See Notice, ECF No. 90. Because that evidence has been located and presented to Ms. Toomer for inspection, spoliation sanctions are unwarranted. See McGuire v. Acufex Microsurgical, Inc., 175 F.R.D. 149, 156-57 (D. Mass. 1997) (<HOLDING>). And because it is clear that the recently Options: A. holding that where the employment contract was at will there simply can be no certainty regarding whether the plaintiff would have remained employed long enough for the benefit the plaintiff claims he lost to have accrued B. holding although there was some evidence plaintiff subjectively believed conduct he reported violated the law there was legally insufficient evidence this belief was reasonable C. holding that there was no prejudice to a plaintiff and thus no basis for sanctions when evidence believed to be lost was found and promptly turned over to the plaintiff D. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs E. holding that there is no basis in law to submit the issue of plaintiffs negligence to the jury when there was no evidence that plaintiff incited the dog or voluntarily or unreasonably exposed herself to a known risk

assistant: The best answer is C. holding that there was no prejudice to a plaintiff and thus no basis for sanctions when evidence believed to be lost was found and promptly turned over to the plaintiff
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: Notice, requests, demands, and other communications relating to this Agreement and the transactions contemplated herein shall be in writing and shall be deemed to have been duly given if and when: (a) delivered personally, on the date of such delivery; (b) delivered by electronic transmission, on the date of such delivery; or (c) mailed by registered or certified mail, postage prepaid, return receipt requested, on the third day after the posting thereof, to the address set forth in the signature pages to this Agreement (as such address may be updated by written notices to the other Parties to this Agreement) .

assistant: Notices