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: Except for the actions described on Exhibit D attached hereto, to the best of Borrowers' knowledge, there is no action, suit, investigation or proceeding threatened or pending before any Tribunal against or affecting Borrowers or any properties or rights of any of Borrowers which, if adversely determined, would result in a liability of greater than $100,000 or would otherwise result in any Material Adverse Change in the business or condition, financial or otherwise, of Borrowers. Borrowers are not, to the best of its knowledge, in default with respect to any judgment, order, writ, injunction, decree, rule or regulation of any Tribunal.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All fees, costs and expenses and other amounts required to be paid or reimbursed by the Company to the Initial Investors (including the Transaction Expenses) and any other Investors as of the Effective Date hereunder shall have been so paid or reimbursed.

assistant: Fees
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: History, 15 St. MARY’S L.J. 855, 878-79 (1984). Under the rule an nounced today, if Travis County, the venue chosen by Plaintiffs, was a county of proper venue, then Blanco County cannot be a county of proper venue as a matter of law. We review the entire record, including the trial on the merits, to determine whether there is any probative evidence that venue was proper in Travis County. Ruiz, 868 S.W.2d at 758. This review strikes a balance between the competing interests of the plaintiff and the defendant. It preserves the plaintiffs right to select and maintain suit in a county of proper venue. And, it protects the defendant from fraud or inaccuracy at the pleading stage. See Dan R. Price, New Texas Venue Statute: Legislative History, 15 St. MaRy’s L.J. 855, 877-78 (1984) (<HOLDING>). Because the Plaintiffs have sued a Options: A. recognizing that brooks protects against denial of counsel at a critical stage of his trial B. holding that the failure of three defendants to object to venue did not waive a fourth defendants objection and therefore affirming the trial courts decision to transfer venue C. holding that when party seeking transfer substantiates change of venue by merely alleging hardship and where such allegations have been specifically denied in plaintiffs answer superior court properly reversed grant of motion to transfer cases venue due to inadequate record upon which to sustain motion D. recognizing that the appellate courts review of the entire record protects against fraud or inaccuracy that might not be discoverable at the motion to transfer venue stage E. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court

assistant: The best answer is D. recognizing that the appellate courts review of the entire record protects against fraud or inaccuracy that might not be discoverable at the motion to transfer venue stage
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: do make regarding the falsity of Terrell’s representations is to claim that Defendants “willfully misled Plaintiffs regarding the availability of [their bonuses] for the purpose of inducing Plaintiffs to enter into the Employment Contracts.” Doc. 108, Am. Compl. ¶ 86. This conclusory statement is insufficient to show that Terrell’s representations were false when made or that Shadle knew they were false. Moreover, the fact that Defendants later breached the contract does not establish that Terrell’s representations were false when made. See, e.g., Formosa Plastics Corp. USA v. Presidio Engineers & Contractors, Inc., 960 S.W.2d 41, 48 (Tex.1998) (“the mere failure to perform a contract is not evidence of fraud”); Berry v. Indianapolis Life Ins. Co., 608 F.Supp.2d 785, 798 (N.D.Tex.2009) (<HOLDING>). Accordingly, Plaintiffs do not provide a Options: A. holding that a subclass of plan participants could sue where the remedy sought by plaintiffs would benefit the plan as a whole and cure any harm that the plan suffered B. holding that a payment is under the plan when the debt is provided for in the plan C. holding that plan participants in a defined benefit pension plan have no claim to the plans surplus assets D. holding that plaintiffs could not rely on the fact that the irs ultimately ruled that defendants defined benefit plan was illegal to retroactively show that defendants representations concerning the plan were false when made E. holding that rule does not apply where defendant made false representations

assistant: The best answer is D. holding that plaintiffs could not rely on the fact that the irs ultimately ruled that defendants defined benefit plan was illegal to retroactively show that defendants representations concerning the plan were false when made
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: You intend that the provisions of this Section be enforced as written. However, if any provision of this Letter is determined to be unenforceable, in whole or in part, then the parties hereto agree to enter into an agreement to reform such provisions to set forth the maximum limitations permitted by applicable law. If any court determines that any provision of this Section, or any part thereof, is unenforceable because of the duration or scope of such provision, such court will have the power to modify such provision and, in its modified form, such provision will then be enforceable.

assistant: Modifications
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 Lighting Ridge sale will not have an adverse effect on any of the species at issue. However, the Lighting Ridge EA does not suffice to show compliance with the Forest Act because it does not assess pileated woodpecker habitat by means of a valid forest-wide standard. 7 . We do not suggest that the Forest Service must adopt the R4 definition of old growth. It must, however, put in place and observe with respect to each site specific action a valid forest-wide standard for ensuring viable populations of old growth dependent species. 8 . We are aware that other courts have held that § 219.19 does not allow use of habitat as a proxy for population. Sierra Club v. Martin, 168 F.3d 1 (11th Cir.1999). See also Utah Environmental Congress v. Zieroth, 190 F.Supp.2d 1265, 1272 (D.Utah 2002) (<HOLDING>); Forest Guardians v. U.S. Forest Service, 180 Options: A. recognizing district courts authority to exclude opinion evidence that is connected to existing data only by the ipse dixit of the expert should it conclude that there is simply too great an analytical gap between the data and the opinion proffered B. holding that 21919 unambiguously requires collection of population data C. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states D. holding that due process requires a hearing appropriate to the nature of the case E. holding that because the statute requires commerce to use to the extent possible data from countries that are significant producers of comparable merchandise commerce may not employ a methodology that requires using data from countries which almost certainly have no domestic production at least not any meaningful production capable of having influence or effect

assistant: The best answer is B. holding that 21919 unambiguously requires collection of population data
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 Committee shall have the authority to determine the Employees, Consultants and Directors to whom Performance Awards may be granted. The Committee may use such business criteria and other measures of performance as it may deem appropriate in establishing any performance conditions, and may exercise its discretion to reduce or increase the amounts payable under any Award subject to performance conditions.

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 Guarantor represents and warrants that it is formed under the laws of the state of its formation and resident in the United States of America. All payments by any Guarantor hereunder shall be paid in full, without setoff or counterclaim or any deduction or withholding whatsoever, including, without limitation, for any and all present and future taxes. If any Guarantor must make a payment under this Guaranty, such Guarantor represents and warrants that it will make the payment from one of its U.S. resident offices to the Credit Parties so that no withholding tax is imposed on the payment. If notwithstanding the foregoing, any Guarantor makes a payment under this Guaranty to which withholding tax applies, or any taxes (other than taxes on net income (a) imposed by the country or any subdivision of the country in which any Credit Parties’ principal office or actual lending office is located and (b) measured by the United States taxable income the Credit Parties would have received if all payments under or in respect of this Guaranty were exempt from taxes levied by such Guarantor’s country) are at any time imposed on any payments under or in respect of this Guaranty including, but not limited to, payments made pursuant to this Section 2 , such Guarantor shall pay all such taxes to the relevant authority in accordance with applicable law such that the Credit Parties receive the sum they would have received had no such deduction or withholding been made and shall also pay to the Credit Parties , on demand, all additional amounts which the Credit Parties specify as necessary to preserve the after-tax yield the Credit Parties would have received if such taxes had not been imposed. Guarantors shall promptly provide Administrative Agent with an original receipt or certified copy issued by the relevant authority evidencing the payment of any such amount required to be deducted or withheld.

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: value of the Surplus Material in 2008 or 2009 when scrap prices recovered. See, e.g., Quealy, 475 So.2d at 762 (determining that the proper date for valuation of converted stock was trial date because the value fluctuated and the general rule would not make the plaintiff whole); Succession of Gragard, 106 La. 298, 30 So. 885, 888 (1901) (“Considering that the cotton was being held for better prices, we think that the owners of it should be given the benefit of the better prices that prevailed within a few months afterward.”). Orion responds that the period suggested by Syracuse (2008-2009) is too remote from the conversion which occurred on April 1, 2002, and that the traditional measure of damages must be applied. See, e.g., Womack v. Sternberg, 247 La. 566, 172 So.2d 683, 686 (1965) (<HOLDING>). See also Lockhart v. Sutton, 503 So.2d 1046, Options: A. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract B. holding damage award resulting from a breach of an agreement to purchase securities is the difference between the contract price and the fair market value of the asset at the time of the breach C. holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue D. holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach

assistant: The best answer is E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Such an order implicates no constitutional concern because it ‘does not signify a district court’s assessment of the legal merits of the complaint.’ It therefore does not raise the issue of a district court adjudicating the merits of a ‘case or controversy’ over which it lacks jurisdiction.” Id. at 138, 112 S.Ct. 1076 (citation omitted) (quoting Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990)). B. Application of Law to Facts: Fees “[I]t is clear than an award of attorney’s fees is a collateral matter over which a court normally retains jurisdiction even after being divested of jurisdiction on the merits.” Moore v. Permanente Med. Group., Inc., 981 F.2d 443, 445 (9th Cir. 1992); see also Mints v. Educ. Testing Serv., 99 F.3d 1253, 1258 (3d Cir.1996) (<HOLDING>). This court’s rulings on fee matters in the Options: A. holding that the state court is revested with jurisdiction when a federal district court executes the remand order and mails a certified copy of the order to the state court B. holding that the mailing of a certified copy of a remand order to a state court divests federal jurisdiction C. holding the divesting of jurisdiction by the mailing of a certified copy of the order of remand does not preclude the award of attorneys fees and costs D. holding that mere entry of a remand order divests a federal court of jurisdiction even where no certified copy of the order was mailed to a state court E. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs

assistant: The best answer is C. holding the divesting of jurisdiction by the mailing of a certified copy of the order of remand does not preclude the award of attorneys fees and costs
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: v. Burnett, 758 F.2d 468, 475 (10th Cir.1985) (automobile exception did not apply to a car that was towed and searched by the police the day after an arrest and was immobile because its engine was partially dismantled). But several other courts have found that vehicles temporarily in police control or otherwise not at risk of being driven away may still be considered readily mobile, so as to qualify for the automobile exception. These cases base ready mobility not on the immediate capabilities of an automobile but rather its inherent capabilities Seq, e.g., United States v. Watts, 329 F.3d 1282, 1286 (11th Cir.2003) ("All that is necessary to satisfy [the readily mobile] element is that the automobile is operational."); United States v. Mercado, 307 F.3d 1226, 1229 (10th Cir.2002) (<HOLDING>); United States v. Vasquez, 297 F.Supp2d 696, Options: A. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door B. holding that the driver of a car who had permission to use the car had standing to challenge its search C. holding that appellants had no standing to challenge search of car because they had no ownership or possessory rights of any kind in the car D. holding that the automobile exception applied to a car that had broken down and was to be repaired during the night and operable the next morning because the car had not lost its inherent mobility E. holding a car was broken into or entered when defendant reached in through the open window of a car

assistant: The best answer is D. holding that the automobile exception applied to a car that had broken down and was to be repaired during the night and operable the next morning because the car had not lost its inherent mobility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In case any one or more of the obligations of the Credit Parties under this Agreement, the Notes or any of the other Loan Documents shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining obligations of the Credit Parties shall not in any way be affected or impaired thereby, and such invalidity, illegality or unenforceability in one jurisdiction shall not affect the validity, legality or enforceability of the obligations of the Credit Parties under this Agreement, the Notes or any of the other Loan Documents in any other jurisdiction.

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: The Existing Credit Agreement, effective as of the Restatement Effective Date, is hereby amended and restated in the form attached as Exhibit A hereto. The Lenders hereby also consent to such amendments, amendments and restatements and/or terminations of the Security Documents as are contemplated by Exhibit A .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement which is illegal, invalid, prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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: The Company will, and will cause each Material Subsidiary to, comply with all laws, rules, regulations, orders, writs, judgments, injunctions, decrees or awards to which it may be subject, which, if violated, could reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, each party hereto shall pay its own expenses incidental to the preparation of this Agreement, the carrying out of the provisions of this Agreement and the consummation of the transactions contemplated hereby.

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: Any notice, report, communication, or consent required or permitted by this Supply Agreement must be in writing and must be sent by a Party (a) by prepaid registered or certified mail, return receipt requested, (b) by overnight express delivery service by a nationally recognized courier, or (c) via confirmed facsimile, followed within five (5) days by a copy mailed in the manner described by (a) or (b), addressed to the other Party at the address shown below or at any other address such Party has previously designated by prior written consent to the other. Such notice shall be deemed sufficiently given for all purposes upon the earliest of: (a) the date of actual receipt; (b) if delivered by overnight delivery service, three (3) business days after delivery; or (c) if sent by facsimile, upon electronic confirmation of receipt.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: advised in the premises, it is thereupon ordered and adjudged that the aforesaid motion shall be and the same is hereby denied. Done and ordered in open court at Jacksonville, Duval County, Florida, this 25th Day of May 2005. As evidenced by the order above and the State’s concession, the trial court did not exercise its discretion based upon factors other than the offense for which the appellant was acquitted pursuant to section 943.059, Florida Statutes. Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003) (“the exercise of discretion contemplates that the court will make its decision based on consideration of all the facts and circumstances, rather than deciding the petition solely on the nature of the charge”) (citing Anderson v. State, 692 So.2d 250, 254 (Fla. 3d DCA 1997)) (<HOLDING>). See also State v. D.H.W., 686 So.2d 1331, Options: A. holding that before denying petition trial court must conduct an evidentiary hearing and state specific reasons for denying the petition B. holding that the petition was not properly denied where the trial courts stated reason for denying the petition was that the defendant was afforded a break in the criminal justice system because he received a withhold of adjudication and early termination of probation C. holding that petition was properly filed even though the state court denied it as procedurally barred because the petition was delivered to and accepted by the state court D. holding that utility customers mailing of a petition did not constitute the filing of the petition as filing was not effectuated until the petition was received by the clerk E. holding that an appeal denying a petition for what was essentially a petition for a new trial to reopen the criminal process was not separately appealable

assistant: The best answer is B. holding that the petition was not properly denied where the trial courts stated reason for denying the petition was that the defendant was afforded a break in the criminal justice system because he received a withhold of adjudication and early termination of probation
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 agrees, to the extent permitted by applicable law and the Company’s Certificate of Incorporation, to defend, indemnify and hold harmless Executive against any and all loss, damage, liability and expense, including, without limitation, reasonable a ttorneys’ fees, disbursements court costs, and any amounts paid in settlement and the costs and expenses of enforcing this section of the Agreement, which may be suffered or incurred by Executive in connection with the provision of his services hereunder, including, without limitation, any claims, litigations, disputes, actions, investigations or other matters, provided that such loss, damage, liability and expense (i) arises out of or in connection with the performance by Executive of his obligations under this Agreement and (ii) is not the result of any material breach by Executive of his obligations hereunder, and provided further that Company shall be under no obligation to defend, indemnify or hold harmless Executive if Executive has acted with gross negligence or willful misconduct. In addition to the foregoing, Company agrees to provide Executive with coverage under a Directors & Officers insurance policy to the same extent as the Company currently provides its executive officers.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms of this eula will govern any updates the company provides to you that replace and/or supplement any portion of the service , unless the upgrade is accompanied by a separate license or revised eula , in which case the terms of that license or revised eula will govern .

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: for the spoliation of evidence, courts have considered a variety of factors, two of which generally carry the most weight: (1) the degree of culpability of the party who lost or destroyed the evidence; and (2) the degree of actual prejudice to the other party.” Id. at *4, 1998 U.S.App. LEXIS 2739 at *13. The Tenth Circuit recently found “[a] spoliation sanction ... proper where (1) the party has a duty to preserve evidence because it knew, or should have known, that litigation was imminent, and (2) the adverse party was prejudiced by the destruction of evidence.” Burlington N., 505 F.3d at 1032 (citing 103 Investors I, L.P. v. Square D Co., 470 F.3d 985, 989 (10th Cir.2006)); see also Cache La Poudre Feeds, LLC v. Land O’Lakes, Inc., 244 F.R.D. 614, 620-21 (D.Colo.2007) (unpublished) (<HOLDING>). However, the destruction need not be in bad Options: A. holding that spoliation may be a basis for a cause of action where a third party has negligently destroyed material evidence but stating that jury charges that presume missing evidence weighs against the spoliator and discovery sanctions are available when spoliation is charged against an opposing party B. holding that an adverse inference for spoliation of evidence requires proof that evidence was destroyed with a culpable state of mind and that it was relevant to the partys claim or defense C. recognizing that a 11 evidence must be relevant to be admissible D. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted E. holding that to consider whether to apply a spoliation sanction the evidence must be relevant to an issue in the case and the party who destroyed the evidence must be under a duty to preserve the evidence

assistant: The best answer is E. holding that to consider whether to apply a spoliation sanction the evidence must be relevant to an issue in the case and the party who destroyed the evidence must be under a duty to preserve the evidence
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, which shall inure to the benefit of and shall be binding upon the respective successors and permitted assigns of each Note Party signatory hereto, Agent and each Noteholder, shall become effective on the Closing Date and shall continue in full force and effect until the Maturity Date unless sooner terminated as herein provided. Issuers may terminate this Agreement at any time upon five (5) days’ prior written notice upon payment in full of the Obligations (other than contingent indemnity claims not yet asserted or threatened) and termination of the Commitments. Each notice delivered by the Issuers under this Section 13.1 may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Issuers (by notice to the Agent on or prior to the specified effective date) if such condition is not satisfied.

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: During the Employment Period, the Executive shall be eligible to accrue and use paid vacation leave in accordance with and subject to the terms of the Company’s written vacation policy for management employees, as in effect from time to time. The Executive shall be entitled to paid personal days on a basis consistent with the Company’s other senior executives, as determined by the Board.

assistant: Vacations
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: it was so out of whack, it was repaid in conformance with the business that conducts — I mean, it’s not something you see every day, but it was paid in conformance with the business that conducts a massive fraud and has lots and lots of victims, including Apple Fund. Transcript 2 at 163-165. This court notes that the exception to preference liability applies to payments made by a legitimate business, not payments made by a fraudulent business. The measure of business conduct for purposes of this defense should be limited to the legitimate practices of legitimate businesses. This court declines to apply the Defendants’ reasoning; ordinary businesses do not pay fictitious profits or systematically defraud their customers or their lenders. See, e.g., M & L Bus. Mach. Co., 84 F.3d at 1340 (<HOLDING>). This court finds that Apple Fund’s collection Options: A. holding that suspension with pay was not adverse employment action B. holding statute of limitations for discriminatory pay practices begins when initial pay decision was made C. holding state wrongful refusal to pay claim barred by exclusivity and penalty provisions of lhwca and distinguishing martin from cases of ordinary refusals to pay D. holding that ordinary businesses do not pay fictitious profits E. holding that the employees of government contractors do not have a cause of action for back pay against employers who violate the davisbacon act

assistant: The best answer is D. holding that ordinary businesses do not pay fictitious 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: — including those in' this Circuit — have consistently recognized an implied private right of action under both. See, e.g., Zeffiro v. First Pa. Banking & Tr. Co., 623 F.2d 290 (3d Cir.1980); LNC Inv., Inc. v. First Fid. Bank, 935 F.Supp. 1333 (S.D.N.Y.1996) (citing cases); see also Bluebird Partners, L.P. v. First Fid. Bank, N.A., 85 F.3d 970, 974 (2d Cir.1996) (citing Zeffiro favorably, and describing it as “establishftng] a private cause of action under the [TIA]”); cf. In re Bankers Tr. Co., 450 F.3d 121, 126-27 (2d Cir.2006) (analyzing whether a trustee had complied with Section 315(b) without suggesting that there was no private right of action); Royal Park Investments SA/NV v. HSBC Bank USA, Nat. Ass’n, No. 14-CV-8175 (SAS), 2015 WL 3466121, at *14-15 (S.D.N.Y. June 1, 2015) (<HOLDING>): In Zeffiro, for example, the Third Circuit, Options: A. holding that the plaintiff stated a claim for tortious interference B. holding that the same reasoning regarding opinions that is used under sections 11 and 12 of the securities act of 1933 applies to claims under sections 10b and 20a of the 1934 act as these claims all share a material misstatement or omission element C. holding plaintiffs had stated a claim for intentional discrimination under the ada and 504 D. holding that the plaintiffs stated a claim under sections 315b and c of the tia E. holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort

assistant: The best answer is D. holding that the plaintiffs stated a claim under sections 315b and c of the tia
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 Holders may exercise the registration rights granted hereunder in such manner and proportions as they shall agree among themselves. The registration rights hereunder shall cease to apply to any particular Registrable Security when: (a) a registration statement with respect to the sale of such shares of Common Stock shall have become effective under the Securities Act and such shares of Common Stock shall have been disposed of in accordance with such registration statement; (b) such shares of Common Stock shall have been sold to the public pursuant to Rule 144 under the Securities Act (or any successor provision); (c) such shares of Common Stock shall have been otherwise transferred, new certificates for them not bearing a legend restricting further transfer shall have been delivered by SpinCo and subsequent public distribution of them shall not require registration or qualification of them under the Securities Act or any similar state law then in force; (d) such shares shall have ceased to be outstanding, or (e) the Holder of such Registrable Security holds less than two percent (2%) of the then issued and outstanding shares of Common Stock (determined, in the case of RemainCo or any of its direct or indirect Subsidiaries, as applicable, as the aggregate number of Registrable Securities held by RemainCo together with all of its direct or indirect Subsidiaries) and such Registrable Securities are eligible for sale pursuant to Rule 144 under the Securities Act (or any successor provision) without restriction. SpinCo shall promptly upon the request of any Holder furnish to such Holder evidence of the number of shares of Common Stock then outstanding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction. Notwithstanding the foregoing and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4 and (iii) no Purchaser shall have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Shares covered by this Agreement.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 510 U.S. 124 TENNESSEEv.MIDDLEBROOKS No. 92-989. Supreme Court of United States. Argued November 1, 1993. Decided December 13, 1993. CERTIORARI TO THE SUPREME COURT OF TENNESSEE Certiorari dismissed. Reported below: 840 S. W. 2d 317. Charles W. Burson, Attorney General of Tennessee, argued the cause for petitioner. With him on the brief was Kathy Morante Principe. David C. Stebbins, by appointment of the Court, 508 U. S. 937, argued the cause for respondent. With him on the brief were Paul R. Bottei and Lionel R. Barrett, Jr.* PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted. 2 Justice Blackmun dissents. Notes: * Briefs ofamici curiae urging reversal were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, George Williamson, Chief Assistant Attorney General, Dane R. Gillette and Ward A. Campbell, Deputy Attorneys General, and Mark L. Krotoski, Special Assistant Attorney General, and by officials for their respective States as follows: James H. Evans, Attorney General of Alabama, Winston Bryant, Attorney General of Arkansas, Grant Woods, Attorney General of Arizona, John M. Bailey, Chief State's Attorney of Connecticut, Charles M. Oberly III, Attorney General of Delaware, Robert A. Butterworth, Attorney General of Florida, Larry EchoHawk, Attorney General of Idaho, Pamela Carter, Attorney General of Indiana, Chris Gorman, Attorney General of Kentucky, Richard P. Ieyoub, Attorney General of Louisiana, J. Joseph Curran, Jr., Attorney General of Maryland, Mike Moore, Attorney General of Mississippi, Joseph P. Mazurek, Attorney General of Montana, Don Stenberg, Attorney General of Nebraska, Frankie Sue Del Papa, Attorney General of Nevada, Robert J. Del Tufo, Attorney General of New Jersey, Michael F. Easley, Attorney General of North Carolina, Susan B. Loving, Attorney General of Oklahoma, Ernest D. Preate, Jr., Attorney General of Pennsylvania, T. Travis Medlock, Attorney General of South Carolina, Mark Barnett, Attorney General of South Dakota, Dan Morales, Attorney General of Texas, and Joseph B. Meyer, Attorney General of Wyoming; for the Appellate Committee of the California District Attorney's Association by Gil Garcetti and Harry B. Sondheim; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger.

assistant: 9
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: sync.me ( the `` company '' or `` we '' ) is a multi-platform social application and global phonebook network , which allows you ( `` you '' , `` user '' or `` users '' ) to synchronize the information in your contact list with your contacts ' social networks ' profiles , identify callers or perform numeric search ( `` caller id '' ) , perform manual name search and participate in a collaborative mobile community , where you can share your information and your contacts ' information with other users .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Parties will not, and will not permit any of their Subsidiaries to, directly or indirectly, enter into any arrangement, directly or indirectly, whereby they shall sell or transfer any Property, real or personal, used or useful in their business, whether now owned or hereafter acquired, and thereafter rent or lease such Property or other Property that they intend to use for substantially the same purpose or purposes as the Property sold or transferred unless (i) the sale of such Property is permitted by Section 6.05 and (ii) any Lien arising in connection with the use of such Property by any Loan Party or a Subsidiary is permitted by Section 6.02 .

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 legal provision and list the applicable contract clause categories. Provision: Lender’s rights under this Agreement shall be in addition to all rights of Lender under the Note, the Loan Agreement, the Security Instrument and the other Loan Documents. Further, payments made by Guarantor under this Agreement (or any other indemnitor under separate agreement) shall not reduce in any respect Borrower’s obligations and liabilities under the Note, the Loan Agreement, the Security Instrument and the other Loan Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: stay violation. Moreover, she has not offered any persuasive reason why the Panel, using the temporal analysis mandated by In re Rivera Torres, would find emotional distress damages are available under 11 U.S.C. § 362(k)(l) particularly where the First Circuit, albeit in dicta, noted the contrary. Id. at 28-29. Accordingly, the bankruptcy court did not err in finding that emotional distress damages for violations of the automatic stay were also unavailable against the USDA. Ultimately, to the extent that the Debtor seeks reversal of binding precedent, reconsideration of In re Rivera Torres, if appropriate, must be left to the First Circuit. III. Attorney’s Fees Awarded under 11 U.S.C. § 362(k) From the outset, we recognize that, while the bankruptcy court awarded attorney’s fees u 445 (<HOLDING>). That being said, the USDA asserts that the Options: A. holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable B. holding tcpa is remedial statute and that statutory damages are not punitive damages C. recognizing bankruptcy courts may appropriately use their statutory contempt power to order monetary relief in the form of actual damages attorney fees and punitive damages when creditors have engaged in conduct that violates 11 usc 524 D. holding that a plaintiff can seek statutory damages even in the absence of actual damages E. holding a court may not award punitive damages

assistant: The best answer is C. recognizing bankruptcy courts may appropriately use their statutory contempt power to order monetary relief in the form of actual damages attorney fees and punitive damages when creditors have engaged in conduct that violates 11 usc 524
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: MDCR found "probable cause” that Bassett was (1) subjected to disparate scrutiny based on her race, and (2) retaliated against because she had attempted to pursue “legitimate channels” to stop the alleged discriminatory behavior in her employment. While not determinative on the question of discrimination, the finding of probable cause demonstrates that upon distillation of all the evidence presented, reasonable minds could disagree over the material fact of retaliation and intentional discrimination. See Chandler v. Roudebush, 425 U.S. 840, 863 n. 39, 96 S.Ct. 1949, 48 L.Ed.2d 416 (1976) (prior administrative findings made in employment discrimination claim admissible at trial under Fed.R.Evid. 803(8)(c)), cf. Johnson v. Yellow Freight Sys., Inc., 734 F.2d 1304, 1309 (8th Cir.1984) (<HOLDING>). 13 . Bassett’s charge, cross-filed with the Options: A. recognizing that it is the proponents burden to demonstrate the admissibility of expert scientific testimony B. holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility C. recognizing admissibility of eeoc reasonable cause determination but declining to adopt per se rule of admissibility D. holding that trial judges determination of the admissibility of a confession is based on whether the confession was voluntarily given E. holding that the admissibility of expert testimony was governed by state law

assistant: The best answer is C. recognizing admissibility of eeoc reasonable cause determination but declining to adopt per se rule of admissibility