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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: requirements for filing a charge under § 626(d) are not met. [Id. (citation omitted).] Since the plaintiffs have "failed to file a charge with the EEOC within 300 days of [their] termination, as required by § 626(d)(2) * * their claim is "barred unless a reason for equitable modification of the limitations period appears.” Id.; see also Heiar v. Crawford County, 746 F.2d 1190, 1194-96 (7th Cir.1984), cert. denied, - U.S. -, 105 S.Ct. 3500, 87 L.Ed.2d 631 (1985). 2 To achieve that national uniformity, it has been held that ERISA preempts substantive state-law claims based on a former employer’s negligent handling of a benefit claim. Russell v. Massachusetts Mut. Life Ins. Co., 722 F.2d 482, 487-88 (9th Cir.1983), rev’d on other grounds, 473 U.S. -, 105 S.Ct. 3085, 87 L.Ed.2d 96 (1985) (<HOLDING>). "ERISA does not supersede state regulation in Options: A. recognizing private right of action B. holding that erisa creates no private right of action C. holding that no private right of action exists D. holding that our courts have never found that violation of the nceepa creates a private right of action E. holding that a private right of action exists

assistant: The best answer is B. holding that erisa creates no private right of action
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 comply with his contractual obligation constitutes an active — anticipatory — breach of the contract). If a party partially performs an obligation or performs it in an unacceptable manner, the party has breached the contract. See, e.g., Brown v. Brian Riley Bar Transp., LEG, 986 So.2d 901, 904 (La. Ct.App.2008) (failure to perform in a “workmanlike manner” is a breach of contract); H & H Concrete, Inc. v. Civicon, Inc., 533 So.2d 1294, 1297-98 (La.Ct.App. 1988) (finding plaintiff in breach of contract when he unilaterally ended performance before the contract had expired because his insurance costs had increased). Every contract must be performed in good faith under Louisiana law. La. Civ.Code Ann. art. 1759 & 1983. See also Payne v. Hurwitz, 978 So.2d 1000, 1006 (La.Ct.App. 2008) (<HOLDING>); N-Y Assocs., Inc. v. Board of Comm’rs of Options: A. holding that parties to contract have an implied obligation to put forth a good faith effort to fulfill the conditions of the contract B. recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate C. recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract D. holding where parties had not reached a binding contract the implied covenant of good faith and fair dealing did not apply E. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract

assistant: The best answer is A. holding that parties to contract have an implied obligation to put forth a good faith effort to fulfill the conditions of the contract
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: 1135 (10th Cir. 1996) (reference to post- arrest silence allowed but only to rebut defendant’s implication that he cooperated with police); McMillan v. Gomez, 19 F.3d 465, 469-70 (9th Cir. 1994) (ruling it was proper for counsel to refute defendant’s impression of cooperation with police with evidence of noncooperation). On the other hand, this court has warned that this exception “ ‘cannot be used as a pretext for the violation of a defendant’s constitutional rights where there is no justification for doing so.’ [Citations omitted.].” Murray, 285 Kan. at 522; see also United States v. Gant, 17 F.3d 935, 941-43 (7th Cir. 1994) (government crossed the fine fine between impeachment and inference of guilt, but error harmless); United States v. Shue, 766 F.2d 1122, 1130 (7th Cir. 1985) (<HOLDING>). There is an additional limitation on the Options: A. holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial B. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence C. holding that comment on defendants silence was not reversible error because inter alia it did not have the effect of being probative on guilt or innocence D. holding government went too far and implied defendants silence was inconsistent with claim of innocence E. holding a prosecutor may not comment on a defendants silence

assistant: The best answer is D. holding government went too far and implied defendants silence was inconsistent with claim of innocence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Schedule 3.1(h), Notis has filed all reports, schedules, forms, statements and other documents required to be filed by Notis under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as Notis was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”). As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Notis has never been an issuer subject to Rule 144(i) under the Securities Act. Except as set forth in Schedule 3.1(h), t he financial statements of Notis included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of Notis and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

assistant: Financial Statements
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 Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed 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 Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed 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 case excerpt and choose the best holding from the options. Case excerpt: 3. Furthermore, she contends that her attorney’s sworn declaration contains sufficient proof of her counsel’s qualifications, and that she has satisfied her burden of establishing the reasonableness of her requested rates. Id. at 3-4. The party requesting attorney’s fees must submit evidence showing “the attorneys’ billing practices; the attorneys’ skill, experience, and reputation; and the prevailing market rates in the relevant community.” See Covington, 57 F.3d at 1107 (citing Blum v. Stenson, 465 U.S. 886, 896 n. 11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984)). The prevailing market rate in the Laffey Matrix is “but one of the elements needed to establish the reasonableness of a billing rate sought in a fee application.” Jackson, 696 F.Supp.2d at 104; see also Covington, 57 F.3d at 1109 (<HOLDING>). The prevailing market rate “provide[s] merely Options: A. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees B. holding that a billing rate in accordance with the laffey matrix was reasonable C. holding that the laffey matrix is the proper formula to determine the prevailing market rate for legal services rendered in connection with idea administrative proceedings D. holding that idea administrative proceedings which require expert testimony regarding whether a student has been denied a fape are sufficiently complex to warrant application of the laffey matrix E. holding that plaintiffs may provide evidence to supplement the laffey matrix including fees awarded to attorneys with similar qualifications in comparable cases

assistant: The best answer is E. holding that plaintiffs may provide evidence to supplement the laffey matrix including fees awarded to attorneys with similar qualifications in comparable cases
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 Losses incurred by an Indemnified Seller Party for noncompliance by Seller or an Indemnified Seller Party with applicable Laws shall not be reimbursed by Company but shall be the sole responsibility of Seller. Seller shall indemnify, defend and hold harmless each Indemnified Company Party from and against any and all Losses in any way arising out of, incident to, or resulting directly or indirectly from the failure of Seller to comply with any Laws.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: whenever you send any kind of message to a third party you represent and warrant to evernote that you are acting within the law and that you have prior consent from the recipient to send them such a message .

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: file, unless the letter writer has requested that the letter not be made public or when the licensee feels that it should be excluded from the public inspection file because of the nature of fis content, such as a defamatory or obscene letter. 9 . See, eg., Chevalier v. Animal Rehab. Ctr., Inc., 839 F.Supp. 1224, 1234 (N.D.Tex.1993) (plaintiff appeared on television, gave interviews to magazines, and "apparently tried to orchestrate a counter-letter-writing campaign"); Samuels v. Berger, 191 A.D.2d 627, 595 N.Y.S.2d 231, 233 (N.Y.App.Div.1993) (plaintiff took out newspaper advertisements, purchased advertising time on local radio, spoke at public hearings, and wrote letter to editor). 10 . See Gertz v. Robert Welch, Inc., 418 U.S. 323, 352, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974) (<HOLDING>). 11 . See Bell v. Nat'l Republican Cong. Options: A. holding that lawyer who attended coroners inquest and filed action for damages did not engage the publics attention because he never discussed either the criminal or civil litigation with the press and was never quoted as having done so B. recognizing that a broad definition of stolen is consistent with the guidelines purposes and finding that the enhancement was properly applied where a defendant found a gun that was lost or mislaid by its owner who never authorized anyone to take the gun never sold it and never gave it away as a gift C. holding the assignment invalid because the assignee never used the mark and never acquired any of the assignors tangible assets or goodwill D. holding that plaintiff did not establish a severe or pervasive hostile work environment where the complained of conduct was episodic but not so frequent as to become pervasive was never severe was never physically threatening though occasionally discomforting or mildly humiliating and significantly was never according to the record an impediment to the plaintiffs work performance E. holding that employee did not invoke grievance procedure where he never mentioned the word grievance to the union and where he never asked the union to take any action on his behalf

assistant: The best answer is A. holding that lawyer who attended coroners inquest and filed action for damages did not engage the publics attention because he never discussed either the criminal or civil litigation with the press and was never quoted as having done so
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, (i) comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, in each case except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in 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 case excerpt and choose the best holding from the options. Case excerpt: C.J. In this appeal from a final judgment of dissolution of marriage, the former wife raises numerous arguments. We find that the trial court did not make the required statutory findings related to timesharing, equitable distribution, and the amount of child support. We therefore reverse and remand for further proceedings. First, we agree with the former wife that the trial court erred in providing for equal time-sharing without an accompanying finding that such an arrangement is in the best interests of the children. See Jeffers v. McLeary, 118 So.3d 287, 291 (Fla. 4th DCA 2013) (“The Father is correct that ‘a trial court must make a finding that the time-sharing schedule is in the child’s best interests.’ ”); Winters v. Brown, 51 So.3d 656, 658 (Fla. 4th DCA 2011) (<HOLDING>); Clark v. Clark, 825 So.2d 1016, 1017 (Fla. Options: A. holding that requiring a petitioner to establish by clear and convincing evidence that visitation is in the best interests of the child would provide effective protection for a parents choice except where the choice is plainly contrary to a childs best interests B. holding in a paternity action that the selection and change of the childs surname from the name chosen by the mother must be based on the trial courts determination that renaming is in the childs best interests and the record must affirmatively show such a name change is required for the welfare of the minor child C. recognizing that a trial court must make a finding that the timesharing schedule is in the childs best interests D. holding that a childs preference regarding parental contact is not determinative of the best interest analysis and that a court must assess a childs best interest in light of all statutory factors E. recognizing policy and ruling that person who failed to file counterclaim when childs paternity was being determined in earlier litigation should not be allowed to bring later suit to establish that he was childs natural father as this would not be in the childs best interests

assistant: The best answer is C. recognizing that a trial court must make a finding that the timesharing schedule is in the childs best interests
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: Such Debtor will maintain complete and accurate books and records with respect to the Collateral, and furnish to the Collateral Agent such reports relating to the Collateral as the Collateral Agent shall from time to time request. Such Debtor will give prompt notice in writing to the Collateral Agent of the occurrence of any Event of Default and of any other development, financial or otherwise, which might materially and adversely affect the Collateral. Such Debtor shall mark its books and records to reflect the security interest of the Collateral Agent under this Security Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of ... sexually derogatory comments is ... so pervasive and abusive as to demonstrably hinder the learning experience.” Id. Although it is true that the complaining student in the case at hand filed her sexual harassment Complaint against Plaintiff with the College and not under Title IX, the College nonetheless took disciplinary action against Plaintiff in light of the College’s policy against sexual harassment, and the same concerns thereby apply. Indeed, the inquiry and the concerns are the same whether the sexual harassment claim is brought pursuant to Title IX or pursuant to an internal sexual harassment policy. See Richard H. Hiers, Academic Freedom in Public Colleges and Universities: O Say, Does that Star Spangled First Amendment Banner Yet Wave?, 40 Wayne L.Rev. 1, 48 (1993) (<HOLDING>). This, along with the College’s interests in Options: A. recognizing that teachers sanctioned for exercising what they believe to be constitutionally protected speech face the same legal hurdles of connick pickering and mt healthy B. holding that what is a threat must be distinguished from what is constitutionally protected speech C. holding that false statements are constitutionally protected D. holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected E. holding that financial disincentives on speech burden first amendment rights for purposes of the pickering balance

assistant: The best answer is A. recognizing that teachers sanctioned for exercising what they believe to be constitutionally protected speech face the same legal hurdles of connick pickering and mt healthy
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 in the case of the Mandatory Forum Selection clause set forth in Section 5.5 hereof, this Security Agreement shall be delivered and accepted in and shall be deemed to be a contract made under and governed by the internal laws of the State of Nevada, without regard to conflict of laws principles.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an alternative explanation of how the law enforcement defendants obtained the name “Luis,” the Mejias point to the fact that S/A Raffa obtained a business card from Complete Diagnostic on November 19, 1993 that bore the name “Luis.” Based on this fact and the lack of documentary evidence of the Airborne computer entry, a reasonable juror could infer that there never was a call to Airborne from “Luis,” in which case probable cause was certainly lacking when defendants began to make arrangements for their second attempt at a controlled delivery on November 29,1993. Moreover, even if there was such a call, a reasonable juror could find that subse quent events dissipated any probable cause that it may have created with respect to Mr. Mejia and, hence, Mrs. Mejia. See Lowth, 82 F.3d at 571 (<HOLDING>). Assuming, as the court must, that Mr. Mejia’s Options: A. holding that probable cause may dissipate if the groundless nature of the charges becomes apparent by the discovery of some intervening fact citing callan v state 73 ny2d 731 535 nys2d 590 532 ne2d 96 1988 B. holding that the incriminating nature of an item was immediately apparent where the police officers had probable cause to believe that it contained evidence of a crime C. holding that the district court did not err in concluding that the incriminating nature of a gun was apparent when officers were responding to charges that the defendants were holding aliens against their will D. holding that mere delay in pulling a defendant over for a traffic violation does not dissipate probable cause to arrest E. holding that a state courts finding that the prosecutor did not have probable cause to go forward with the charges did not necessarily mean that probable cause to make the initial arrest was lacking

assistant: The best answer is A. holding that probable cause may dissipate if the groundless nature of the charges becomes apparent by the discovery of some intervening fact citing callan v state 73 ny2d 731 535 nys2d 590 532 ne2d 96 1988
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 payments under this Agreement will be subject to all deductions required by law, including applicable taxes and withholdings. In accordance with its normal payroll practices, the Company will mail to your home address in the Company’s records any tax reporting forms it prepares in accordance with any payments made to you, at such time as those forms are prepared and/or filed. An IRS Form 1099 will be issued to you with respect to the reimbursement of legal fees described in Section 3, above. You will be solely responsible and liable for any taxes owed on any payments or benefits made or provided to you under this Agreement, except for taxes the Company believes it has an obligation to withhold from any such payments or benefits.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by electronic or facsimile signature and in any number of identical counterparts, any of which may contain the signatures of less than all parties, and all of which together shall constitute a single 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 case excerpt and choose the best holding from the options. Case excerpt: 209, 210-11 (App. Div. 2005), where an attorney made fraudulent transfers to his wife to avoid a judgment, testified falsely at a deposition, and flouted certain court orders. A disciplinary proceeding resulted in the attorney being suspended from the practice of law for one year. Goldman, 795 N.Y.S.2d at 212. If faced with an attorney who engaged in the same conduct as Goldman, we would have imposed a sanction at least as severe as the one imposed in that case. Compare Bruzga’s Case, 145 N.H. 62, 71-72 (2000) (suspending an attorney for one year for making misrepresentations about his ex-wife in an abuse and neglect petition, submitting said petition in an effort to harass, and “[e]ngag[ing] in semantical gamesmanship” to justify his actions), with Grew’s Case, 156 N.H. at 370 (<HOLDING>). In determining the length of suspension Options: A. holding that a twoyear suspension was appropriate in the face of several mitigating circumstances for an attorney who was convicted of misdemeanorlevel insurance fraud B. holding that twoyear delay was not reasonable C. holding that presumptive sanction for two counts of vehicular homicide is twoyear suspension D. holding that it was appropriate for the trial court to find that lack of a prior criminal record was not a mitigating factor in light of the violent nature of the crime committed E. holding threeyear delay without mitigating circumstances was unreasonable

assistant: The best answer is A. holding that a twoyear suspension was appropriate in the face of several mitigating circumstances for an attorney who was convicted of misdemeanorlevel insurance fraud
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: Ann. § 554.002 which placed on the insurer the burden of proving any “avoidance or affirmative defense” to coverage, did not legislatively overrule an insured party's duty to allocate. Id. at 303. According to the court, concurrent causation is not an “avoidance or affirmative defense.” Id. Instead, concurrent causation “is a rule which embodies the basic principle that insureds are entitled to recover only that which is covered under their policy....” Id. Thus, under Wallis, once testimony of concurrent causes has been offered into the record, the insured has the burden of allocating the damages among the various causes. See id.; see also State Farm Lloyds v. Kaip, No. 05-99-01363-CV, 2001 WL 670497 (Tex.App.-Dallas, June 15, 2001, pet. denied) (not designated for publication) (<HOLDING>). 24 . The very wording of the opinion makes Options: A. holding that the insureds ordinary burden to allocate a verdict between covered and noncovered claims does not shift to the insurer unless the insurer had an affirmative duty to defend the underlying claims B. holding that regardless of the subjective belief of the insured the record established a basis to believe that the insured had committed an act that could give rise to a claim under the policy C. holding that the insureds own testimony which gave rise to the possibility of concurrent causation created a burden on the insured to allocate the damages between the various causes D. recognizing there can be concurrent proximate causes of accident E. holding that the burden is on the plaintiff

assistant: The best answer is C. holding that the insureds own testimony which gave rise to the possibility of concurrent causation created a burden on the insured to allocate the damages between the various causes
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: already a convicted murderer. Recognizing the highly prejudicial impact of presenting such evidence to a jury prior to its determination of his guilt, Ap pellant contends that the only way to ensure his constitutional right to an impartial penalty jury was to impanel separate juries for the guilt and penalty phases of trial. According to Appellant, this would allow him to “life qualify” the penalty phase jurors to determine whether they could consider a life sentence after learning of his prior murder conviction, without prejudicing guilt phase jurors. Appellant maintains that, absent a proper life qualification process of the penalty phase jurors, he was denied his constitutional right to an impartial jury. See Ross v. Oklahoma, 487 U.S. 81, 85, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988) (<HOLDING>); Commonwealth v. Hunsberger, — Pa. -, 58 A.3d Options: A. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment B. holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial C. holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment D. holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial E. holding that it is wellsettled that the sixth and fourteenth amendments of the united states constitution guarantee a defendant on trial for his life the right to an impartial jury

assistant: The best answer is E. holding that it is wellsettled that the sixth and fourteenth amendments of the united states constitution guarantee a defendant on trial for his life the right to an impartial jury
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: before and after the RIF is as follows: Total Number Number of Percentage of of employees employees over employees over _at Maynard_50 years old_50 years old October 2008_143_22_15.3%_ May 26. 2009_97_17_17.5%_ The above statistics show: * that prior to the RIF, 15.3% of the workforce at Maynard was over 50 years old; and * that after the RIF, 17.5% of the workforce was over 50 years old. The foregoing shows that the percentage of employees aged 50 years or older at Maynard actually increased after the RIF. In light of the foregoing analysis, the Court concludes, that the stray remarks made by Joe Maynard — coupled with the statistical evidence — are insufficient to establish a prime facie case of age discrimination. See Holley v. Sanyo Mfg., Inc., 771 F.2d 1161, 1167 (8th Cir.1985) (<HOLDING>). (d) The inconsistent explanations for Options: A. holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive B. holding age discrimination claim barred C. holding no statistical evidence of age discrimination where the percentage of such employees in the protected class before the layoff was 258 after the layoff it was 260 D. holding that statistical evidence presented by the plaintiff showing an employers pattern of conduct toward a protected class is relevant to a showing of pretext and can create an inference of discrimination E. holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference

assistant: The best answer is C. holding no statistical evidence of age discrimination where the percentage of such employees in the protected class before the layoff was 258 after the layoff it was 260
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Sections (Definitions) (to the extent applicable to surviving provisions), 4.5 (Preclinical Data), 4.6.1 (Clinical Trial Data), 8.12.4, 11 (Financial Provisions) (limited to amounts due to a Party as of the expiration or termination of this Agreement, including as provided for under 17.2.2(vi) and 20.6(vi), and any associated obligations, e.g., reporting), 12.1 (Records), 12.2 (Audits), 13.1 (Ownership), Section 14 (Confidentiality), 15.2 (Disclosures Regarding the Agreement), 15.8 (Use of Name), 16 (Representations), 17.4 (Trading in Securities), Section 18 (Indemnification, Liability, Insurance), 20.3 (Effect of Expiration or Termination of Agreement), 20.4 (Additional Effects of Expiration), 20.5 (Additional Effects of Termination by Bayer Pursuant to Sections 20.2.1, 20.2.2, 20.2.3 or 20.2.4 or by Loxo Pursuant to Section 20.2.3 or 20.2.4), 20.7 (Bayer’s Additional Rights upon Loxo’s Insolvency), Section 22 (Dispute Resolution) and Section 23 (General Provisions) shall survive any expiration or termination of this Agreement. For clarity, a Party’s obligation to indemnity the other Party pursuant to Section 18 shall survive termination of this Agreement due to a material breach by the Party being indemnified.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court accepts these allegations as true. Accordingly, the Court rejects the argument that Father has failed to state a claim based on application of the Consent Exception. Instead, this is a question that must be addressed at summary judgment or trial. In addition, at the time of the interceptions, Mother and Father were operating under a Joint Custody Plan that required the parents to share decisions and to share physical custody. The parties did not cite case law addressing what effect, if any, such a Joint Custody Plan has on one parent’s ability to provide vicarious consent for purposes of the Consent Exception. However, the fact that Mother and Father shared custody of Minor Children does not seem to weigh in favor of a dismissal premised on the Consent Excep 397 (W.D.Okla.1978) (<HOLDING>). However, Attorney and Law Firm raised the Options: A. holding that because interception of conversation was lawful court could not find title iii violation based on disclosure of the conversation B. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law C. holding that employers occasional reference to plaintiff as dago and to other italianamerican employees as the mafia constituted isolated or sporadic derogatory ethnic comments as part of casual conversation that did not rise to level necessary for violation of title vii D. holding that employers occasional reference to plaintiff as dago and other italianamerican employees as the mafia constituted isolated or sporadic derogatory ethnic comments as part of casual conversation that did not rise to level necessary for violation of title vii E. holding that the denial of a motion to find a violation of the automatic stay was a final order

assistant: The best answer is A. holding that because interception of conversation was lawful court could not find title iii violation based on disclosure of the conversation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has no relevance to the question of whether he is entitled to represent Holmes in these proceedings. See 55 Pa.Code § 275.4(a)(l)(iv) (indicating that a spokesperson can be retained). With respect to OHA’s determination that Nolan was illegally practicing law, it is beyond dispute that parties generally do not have a right to be represented by non-lawyers before Pennsylvania courts and most administrative agencies. Shortz v. Farrell, 827 Pa. 81, 193 A. 20 (1937) (lay persons may not represent parties in workers’ compensation proceedings). However, this rule is not without exceptions in the administrative agency area. See Department of Public Welfare v. Ziegler, 117 Pa.Commonwealth Ct. 79, 542 A.2d 226 (1988) and McCain v. Curione, 106 Pa.Commonwealth Ct. 552, 527 A.2d 591 (1987) (<HOLDING>). Non-lawyer representatives are clearly Options: A. holding that pursuant to statute unemployment benefits must be offset against workers compensation payments B. recognizing that section 702 of the unemployment compensation law act of december 5 1936 second exsess pl 1937 2897 as amended 43 ps 862 and departmental regulations promulgated thereunder at 34 pacode 10141 permit nonlawyer representation in unemployment compensation proceedings C. holding that legislature clearly intended that workers compensation act and unemployment security act be construed together thus prohibiting worker from receiving both unemployment compensation and workers compensation payments for same period D. holding that provisions of section 40115102 are applicable to the determination of the status of truck drivers as employees or independent contractors under the workers compensation act and discussing legislative history indicating intent to apply these provisions both to workers compensation and unemployment compensation matters E. holding that unemployment compensation should not be deducted from a back pay award under the national labor relations act because failing to deduct unemployment payments does not make the employee more than whole

assistant: The best answer is B. recognizing that section 702 of the unemployment compensation law act of december 5 1936 second exsess pl 1937 2897 as amended 43 ps 862 and departmental regulations promulgated thereunder at 34 pacode 10141 permit nonlawyer representation in unemployment compensation proceedings
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: mobile devices. Plaintiff maintains that these agreements also allow Maryland subscribers of U.S. telecoms to send infringing text messages internationally through the use of the foreign Defendants’ networks. Courts in Maryland have interpreted subsection (b)(2) as relating only to contract actions, and, as it appears to the Court, this subsection is inapplicable to this case. McLaughlin v. Copeland, 435 F.Supp. 513, 529 (D.Md.1977) (stating that “[sjubsection (b)(2), by its terms, relates only to contract actions”). This action, although it may be tangentially related to an agreement between the parties, is nonetheless an infringement suit, which is out side the purview of subsection (b)(2). United Merchs. & Mfrs., Inc. v. David & Dash, Inc., 439 F.Supp. 1078, 1082-83 (D.Md.1977) (<HOLDING>). Therefore, jurisdiction under subsection Options: A. holding that a patent infringement action is essentially a tort B. holding that the economic loss rule does not preclude independent tort claims that fall outside the scope of a breach of contract C. holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed D. holding that a consent judgment is essentially a contract E. holding that a suit for infringement of federal copyright and unfair competition which the court acknowledged was essentially a tort action was outside the scope of subsection b2 even though it related to a contract

assistant: The best answer is E. holding that a suit for infringement of federal copyright and unfair competition which the court acknowledged was essentially a tort action was outside the scope of subsection b2 even though it related to a contract
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 herein otherwise expressly provided, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors, sublessees and assigns. Nothing in this Section 19.10 shall be construed to waive the conditions elsewhere contained in this Lease applicable to assignment or subletting of the Premises by Lessee.

assistant: Binding Effects
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 several counterparts (including via facsimile or other electronic method), each of which shall be deemed an original but all of which shall constitute one and the same instrument. It shall not be necessary for all parties to execute the same counterpart hereof.

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: The Parties shall cooperate fully, as and to the extent reasonably requested by any other Party, in connection with the filing of any Tax Return of or relating to the Company and any audit, litigation or other proceeding with respect to Taxes of or relating to the Company. Such cooperation shall include the retention and (upon any other Party’s request) the provision of records and information which are reasonably relevant to any such audit, litigation or other proceeding and making employees available on a mutually convenient basis to provide additional information and explanation of any material provided hereunder. Each Party agrees (i) to retain all books and records with respect to Tax matters pertinent to the Company relating to any taxable period beginning before the Closing Date until the expiration of the statute of limitations (and, to the extent notified by a Party, any extensions thereof) of the respective taxable periods, and to abide by all record retention agreements entered into with any taxing authority, and (ii) to give any other Party reasonable written notice prior to transferring, destroying or discarding any such books and records and, if the other Party so requests, each Party shall allow the other Party the option of taking possession of such books and records prior to their disposal. The Parties further agree, upon request, to use their commercially reasonable efforts to obtain any certificate or other document from any taxing authority or any other Person as may be necessary to mitigate, reduce or eliminate any Tax that could be imposed with respect to the transactions contemplated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in § 1B1.10 are binding on district courts and limit their authority to grant motions for reduction of sentences.” McGee, 615 F.3d 1287, 1292. Thus, in considering a § 3582(c)(2) motion, a district court must first determine whether the prisoner is eligible under § 1B1.10 for a sentence modification. See McGee, 615 F.3d 1287, 1291-92. If a reduction is not authorized by the applicable policy statement, the court does not proceed to the second step of determining whether, in its discretion, a reduct Cir.1993) (per curiam) (same); see also United States v. Horn, 612 F.3d 524, 527 (6th Cir.2010) (“Because Amendment 709 is not listed in subsection (c), the district court did not have the authority to resentence [defendant].”); United States v. Peters, 524 F.3d 905, 907 (8th Cir.2008) (<HOLDING>). Mr. Carter has not identified any error in Options: A. holding that the act is not retroactive B. recognizing that the application of a retroactive amendment is discretionary C. holding apprendi is not retroactive D. holding that the act is retroactive E. holding amendment 709 is not covered amendment under 1b110 to which retroactive treatment may be given

assistant: The best answer is E. holding amendment 709 is not covered amendment under 1b110 to which retroactive treatment may be given
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of actual intent to cause the acts which constitute the infringement is a necessary prerequisite to finding active inducement. 909 F.2d at 1469 (emphasis added). As the cited language plainly indicates, the Court in Hewlett-Packard focused on the defendant’s intent to induce the acts found to be infringing, and not on the defendant’s intent to infringe the patent. See also Orthokinetics, Inc. v. Safety Travel Chairs, Inc., 806 F.2d 1565, 1579 (Fed.Cir.1986) (noting that liability under Section 271(b) does not require conduct rising to the level of willful infringement); Curtis Mfg. Co. v. Plasti-Clip Corp., 888 F.Supp. 1212, 1222-25 (D.N.H.1994); Maxwell v. K Mart, 880 F.Supp. 682, 685 (D.Minn.1995). Cf. Manville Sales Corp. v. Paramount Sys., Inc., 917 F.2d 544, 553 (Fed.Cir.1990) (<HOLDING>); Dynamis, Inc. v. Leepoxy Plastics, Inc., 831 Options: A. holding that defendant who sets in motion series of events that he knew or should have known would cause others to deprive plaintiff of rights may be liable under 1983 B. holding that the government must prove actual subjective knowledge and that a defendant may not be convicted on just what he should have known C. holding that a plaintiff seeking to establish inducement to infringe must show that the alleged infringers actions induced infringing acts and that he knew or should have known his actions would induce actual infringements D. holding a subordinate will be liable under 1983 for following a superiors orders if he knew or should have known his acts were violating plaintiffs constitutional rights E. holding danger was so open and obvious to plaintiff that as a matter of law he knew or should have known of danger

assistant: The best answer is C. holding that a plaintiff seeking to establish inducement to infringe must show that the alleged infringers actions induced infringing acts and that he knew or should have known his actions would induce actual infringements