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: The Court further notes that MetLife’s selective, and unexplained, failure to consider two important pieces of medical evidence in rendering its final decision is a substantial factor leading this Court to conclude its decision was unreasonable. See Govindarajan, 932 F.2d at 637. E. Relief It is proper for the Court to “retroactively grant disability benefits without remanding the case where there are no factual determinations to be made.” Williams v. International Paper Co., 227 F.3d 706, 715 (6th Cir.2000). In Williams, the Sixth Circuit retroactively granted disability benefits, rather than remanding the case, where it concluded that the district court erred in finding the claimant was not disabled. See id.; Godfrey v. BellSouth Telecomms., Inc., 89 F.3d 755, 760-61 (11th Cir.1996) (<HOLDING>); see also Canseco v. Construction Laborers Options: A. holding that the alj erred in determining that the claimant was disabled when a retrospective diagnosis along with all other medical evidence supported a finding of disability B. holding that retroactive award of benefits proper remedy where district court made finding that claimant was disabled C. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits D. holding that no ada violation was shown because the disabled were not denied benefits that were otherwise available E. holding that where notice was deficient in administrative forfeiture proceedings proper remedy was to grant claimant right to a hearing

assistant: The best answer is B. holding that retroactive award of benefits proper remedy where district court made finding that claimant was disabled
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 overcome this presumption by persuading the finder of fact, by a prepon derance of the evidence, that the income tax assessments are erroneous. See Sullivan v. United States, 618 F.2d 1001, 1008 (3d Cir.1980). Klimek has failed to offer any evidence that the tax assessments are incorrect in the amount the Government claims. He has never challenged in the Tax Court the Notices of Deficiency or the Certificates of Assessments and Payments for tax years 1980 through 1988 and 1990 through 1992. Nor has Klimek ever rebutted or even responded to the Government’s requests for admissions regarding tax years 1980 through 1988 and 1990 through 1992, except to return them with the words “Refused for Fraud” scrawled across them. See Lane v. United States, 328 F.2d 602, 603 (5th Cir.1964) (<HOLDING>). Given the fact that Klimek bears the burden Options: A. holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances B. holding that a trial court is not required to convert a motion to dismiss to a motion for summary judgment where external evidence is submitted if the external evidence is irrelevant to the issue C. holding that if no countervailing evidence is introduced the trial court is justified in fact required to enter summary judgment for the government the amount of the taxes proved to be due D. holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence E. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion

assistant: The best answer is C. holding that if no countervailing evidence is introduced the trial court is justified in fact required to enter summary judgment for the government the amount of the taxes proved to be due
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 right or remedy herein conferred upon or reserved to Sublessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Sublessor to insist at any time upon the strict performance of any provision of this Sublease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Sublessee. Sublessor’s receipt of and Sublessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Sublessor of any provision of this Sublease shall be effective unless expressed in a writing signed by it.

assistant: No Waivers
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: Mortgagor shall not commit or suffer any strip or physical waste of the Mortgaged Property, or any portion thereof, or any violation of any law, rule, regulation, ordinance, license or permit, or the requirements of any licensing authority affecting the Mortgaged Property or any business conducted thereon, and shall not commit or suffer any demolition, removal or material alteration of any of the Mortgaged Property (except for the replacement of Fixtures and Personal Property in the ordinary course of business, so long as items of comparable value and quality are installed free and clear of liens in favor of any other party), without the express prior written consent of Agent in each instance which consent shall not be unreasonably withheld, conditioned or delayed, and shall not violate nor suffer the violation of the covenants and agreements, if any, of record against the Mortgaged Property, and in all respects Mortgagor shall do all things necessary to comply with, and keep in full force and effect all licenses, permits and other governmental authorizations for the operation of the Mortgaged Property for its intended purposes, including, without limitation express or implied, the licenses, permits and authorizations referenced in the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ass’n, 76 S.W.3d 162, 167 (Tex.App.2002) (stating that “[t]he phrase ‘unless otherwise provided’ or similar language, when used in a statute, usually refers to other statutes pertaining to the same subject matter” (reversed in part on other grounds, 141 S.W.3d 158 (Tex.2004))); Cook v. Turner, 219 Conn. 641, 644, 593 A.2d 504, 505 (1991) (concluding that the word “law” in the phrase “[ejxcept as otherwise provided by law” is “limited to state and federal statutes”); Oregon County R-IV Sch. Dist. v. LeMon, 739 S.W.2d 553, 557 (Mo.Ct.App.1987) (stating that “ ‘ “except as otherwise provided by law,” means except as otherwise provided by statute’ ” (quoting Yates v. Casteel, 329 Mo. 1101, 1104, 49 S.W.2d 68, 69 (1932))); Manchin v. Browning, 170 W.Va. 779, 785, 296 S.E.2d 909, 915 (1982) (<HOLDING>); Trujillo v. Tanuz, 85 N.M. 35, 40, 508 P.2d Options: A. holding unenforceable a regulation that would have provided greater workers compensation benefits than permitted by statute B. holding that based upon means similar to or supported by C. holding that georgia refund statute signifies state waiver of immunity only to the extent provided by the express terms of the statute D. holding that the phrase provided by law means prescribed or provided by statute E. holding a party was limited to recovery provided for by the strict terms of the mechanics lien statute

assistant: The best answer is D. holding that the phrase provided by law means prescribed or provided by statute
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 shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns (other than pursuant to the foregoing Section 14.4(b)). Neither GEL nor CPI may assign any of its rights or delegate any of its liabilities or obligations hereunder, without the prior written consent of the other Party except that, without the prior consent of the other Party: (a) either Party may assign this Agreement, and GEL may transfer or assign the GEL IP, to any purchaser of all or a substantial part of its assets or business; and (b) either Party may assign this Agreement and/or its rights and obligations under this Agreement, in whole or in part, to any of its Affiliates and may assign any of its rights to payments of royalties or any other amounts due under this Agreement to any of its Affiliates or any Third Party provided that such Party remains obligated to the other Party, and the Third Party being assigned such rights, for the performance by such Party of its obligations under this Agreement. The assignment of a Party’s rights under this Agreement in accordance with Section 14.4(b) shall not in any way create a contractual or business relationship and no privity of contract or otherwise shall exist between the non-assigning Party and the Third Party being assigned such rights and such Third Party shall not have any third-party beneficiary rights in this Agreement. Effective from the assignment of this entire Agreement in accordance with Section 14.4(a), the assigning Party shall be released from its obligations under this Agreement and all references in this Agreement to such Party shall be deemed to mean its assignee. The assignment or transfer of the GEL IP in accordance with Section 14.4(a) shall be subject to the licenses granted to CPI in this Agreement. Any purported assignment or transfer in violation of this Section will be void ab initio and of no force or effect.

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 case excerpt and choose the best holding from the options. Case excerpt: the first factor — impeachment value of the prior crime — weighs against admission in this case. See id. at 881 (crimes involving deception have greater impact on credibility than crimes of violence). Butler’s prior offense for sexual abuse of a child is not a crime of deception. Second, the closer in time the prior conviction is to t se never occurred and that Christopher had been coached and encouraged by his mother (Butler’s ex-wife) to make false accusations against him. Kelley Fromme, Butler’s girlfriend who Christopher said also participated in the indecency, likewise denied that any improper acts occurred. This presented the jury with a basic conflict to resolve, and under the circumstances Butler’s credibility and the value of his testimony took on increased importance. See id. (<HOLDING>). The last two factors, then, militate in favor Options: A. holding that summary convictions of crimes involving dishonesty could be used to impeach the credibility of a witness B. holding that the need to impeach credibility correspondingly increases as the importance of the witness credibility and testimony escalates C. holding that conviction on appeal is not admissible to impeach witnesss credibility D. holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error E. holding that the jury is the judge of the weight and credibility given to witness testimony

assistant: The best answer is B. holding that the need to impeach credibility correspondingly increases as the importance of the witness credibility and testimony escalates
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 Amendment may be executed in any number of counterparts, including facsimile and scanned versions, each of which when so executed shall be deemed an original and all of which shall constitute together one and the same instrument, and shall be effective upon execution by all of the parties.

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: medical information between medical and custodial staff. As in Gibson, “a jury could conclude that County policymakers knew that inevitably some prisoners arrive at the jail with urgent health problems requiring hospitalization.” Gibson, 290 F.3d at 1190. Here, the County was on notice of the dangers of alcohol withdrawal in inmates, a recurring problem in correctional facilities. Indeed, its own policies appear to provide for training that, a reasonable jury could find, was never provided, or was not provided adequately. See Long, 442 F.3d at 1186 (“The issue is whether the training program is adequate and, if it is not, whether such inadequate training can justifiably be said to represent municipal policy.”); Munger v. City of Glasgow Police Dep’t, 227 F.3d 1082, 1088 (9th Cir.2000) (<HOLDING>). Plaintiffs may prevail at trial on their Options: A. holding that a city may not be held liable under 1983 where there was no underlying constitutional violation by any of its officers B. holding a city liable under government code section 835 to a child injured by a train where the city had reserved extensive powers to regulate and inspect the railroad companys easement C. holding that a failure to adequately train will only result in 1983 liability where that failure amounts to a deliberate indifference to the rights of persons with whom the police come into contact D. holding city may be liable for the failure to train officers regarding appropriate assistance and treatment of intoxicated persons E. recognizing that a systematic failure to train officers adequately as a custom or policy may lead to city liability

assistant: The best answer is D. holding city may be liable for the failure to train officers regarding appropriate assistance and treatment of intoxicated persons
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: Claim The TWU claims that, by deeming a refusal to submit to drug testing as an admission of drug use, the TA policy violates the fifth amendment’s dictate that “[n]o person ... shall be compelled in any criminal case, to be a witness against himself____” U.S. Const. Amend. Y. Among other deficiencies in this claim, the fifth amendment protects only “testimonial communication that is incriminating.” Fisher v. United States, 425 U.S. 391, 408, 96 S.Ct. 1569, 1579, 48 L.Ed.2d 39 (1976) (emphasis in original). We find that the results that would be obtained by drug testing, whether or not compelled, do not constitute testimonial evidence as that term is construed under the fifth amendment. Cf. Schmerber v. California, 384 U.S. 757, 760-65, 86 S.Ct. 1826, 1830-33, 16 L.Ed.2d 908 (1966) (<HOLDING>). Plaintiffs place great reliance on Judge Options: A. holding that a warrant to obtain a blood sample was valid despite a reference to a urine sample in the addendum to the affidavit because the minor inconsistency did not seriously undermine the information underlying the probable cause determination B. holding that a physician employed by the government who drew a blood sample from the defendant for medical not investigatory purposes did not conduct a search under the fourth amendment C. recognizing problems with generalizing from an extremely limited sample when a broader sample can be readily obtained and when no showing of the representativeness of the sample is made D. holding defendant had a reasonable expectation of privacy in blood sample drawn by hospital E. holding blood sample does not constitute compelled testimony

assistant: The best answer is E. holding blood sample does not constitute compelled testimony
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: prosecutors in their prosecutorial decisions and the official discharge of their duties.” Price, 706 A.2d at 936 (citing United States v. Armstrong, 517 U.S. 456, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Wayte v. United States, 470 U.S. 598, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985)). Deference is due to prosecutors because of the prescribed discretion they possess to enforce the laws of the state, which calls for more than the rote indictment of every offense. See Jefferson v. State, 472 A.2d 1200, 1204 (R.I.1984); State v. Rollins, 116 R.I. 528, 533, 359 A.2d 315, 318 (1976). A municipal administrator enforcing a municipal regulation, however, performs a function distinct from that of a prosecutor prosecuting under a criminal statute. See State v. Russell, 671 A.2d 1222, 1223 (R.I.1996) (<HOLDING>). This distinction requires us to look beyond Options: A. holding that plea agreement with drug enforcement agency agent not enforceable when agent was not authorized by united states attorney to enter agreement B. holding that discharge of a police officer for the choice to enter into a relationship with the wife of his superior officer on the force was rational C. holding that a municipal police officer did not possess the discretion to enter into a nonprosecution agreement with a criminal defendant absent consent from the attorney general D. holding that a defendant could enter into a plea agreement which called for the defendant to receive the death penally E. holding that police departments failure to discipline an officer can create municipal liability particularly when plaintiffs injuries result from conduct similar to that alleged in prior complaints against the officer

assistant: The best answer is C. holding that a municipal police officer did not possess the discretion to enter into a nonprosecution agreement with a criminal defendant absent consent from the attorney 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 case excerpt and choose the best holding from the options. Case excerpt: 934 F.Supp.2d at 13-15. Plaintiffs assert that because the Court found the first part of the agency’s order to be invalid, the Court must declare the entire order invalid: according to plaintiffs, the Court “is not permitted to deconstruct a challenged agency action and uphold only those portions of the agency’s actions which the Court finds to be lawful.” Pis.’ Opp. & Cross-Mot. at 8-9, citing Comcast Corp. v. FCC, 579 F.3d 1, 10 (D.C.Cir.2009) (Randolph, J., concurring). But the APA specifically provides that a reviewing court may hold unlawful an “agency action,” 5 U.S.C. § 706(2)(A), and the definition of agency action “includes the whole or a part of” an agency order. 5 U.S.C. § 551(13) (emphasis added); see also Catholic Soc. Serv. v. Shalala, 12 F.3d 1123, 1128 (D.C.Cir.1994) (<HOLDING>). So the Court rejects plaintiffs’ contention Options: A. holding that a statutory discrimination will not be set aside if any state of facts reasonably may be conceived of to justify it B. holding that a forum selection clause should control absent a strong showing that it be set aside as unreasonable unjust or invalid C. holding that the trial courts denial of a motion to set aside the verdict for insufficient evidence is reviewable only for abuse of discretion D. holding that the court may set aside agency action only in extremely limited circumstances E. holding that courts may reject only part of a rule found to be invalid because it would exceed the statutory scope of review for a court to set aside an entire rule where only a part is invalid and where the remaining portion may sensibly be given independent life

assistant: The best answer is E. holding that courts may reject only part of a rule found to be invalid because it would exceed the statutory scope of review for a court to set aside an entire rule where only a part is invalid and where the remaining portion may sensibly be given independent life
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: [sex offenders] is confidential.” RCW 4.24.550(9). ¶24 The John Does argue that “public disclosure” refers to producing documents or information in response to a PRA request. By including this language, they argue, the legislature made RCW 4.24.550 the exclusive mechanism for obtaining sex offender records. This is too far a stretch. At the time Zink made her request, the statute did not mention the PRA or a public records request. While this court tries to harmonize the language of statutes, the same term used in different statutory schemes without definition may carry different meanings “ ‘according to the context in which it is used.’ ” Graham v. State Bar Ass’n, 86 Wn.2d 624, 626, 548 P.2d 310 (1976) (quoting State ex rel. Tattersall v. Yelle, 52 Wn.2d 856, 863, 329 P.2d 841 (1958) (<HOLDING>)). Here, the context is that of a state agency Options: A. holding that a state agency created under state law was a state actor B. holding that the state police is a state agency C. holding that a statute calling the bar association an agency of the state did not use agency in the same sense as in a separate unrelated statute regarding audits of state agen cies D. holding that in light of a worksharing agreement between the state agency and the eeoc a charge of discrimination filed with the state agency was properly filed with the eeoc on the same date E. holding a suit against an agency of the state is a suit against the state

assistant: The best answer is C. holding that a statute calling the bar association an agency of the state did not use agency in the same sense as in a separate unrelated statute regarding audits of state agen cies
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: core responsibilities. Section 348(e) provides that “[c]onversion of a case under section ... 1307 ... terminates the ser vices of any trustee ... that is serving m the case before such conversion.” 11 U.S.C. § 348(e). In the face of such explicit language terminating the authority of the chapter 13 trustee to administer the estate, I cannot find that the trustee retains such broad administrative powers as suggested by the Pegues, Hardin, and Galloway decisions. Having determined that creditors have no vested interest in the funds when they are paid to the trustee, I find that § 348(e) “precludes the Trustee from taking any action with respect to these funds after the conversion.” In re Luna, 73 B.R. at 1002 (emphasis added) (citing In re Perkins, 36 B.R. 618, 620 (Bank.M.D.Tenn.1983)) (<HOLDING>). Conclusion For reasons discussed above, I Options: A. holding that a chapter 7 trustee was the only person with authority to bring a cause of action after the appointment of a trustee B. holding that the conversion of a chapter 7 petition to a chapter 13 petition was not final until the plan itself was approved C. recognizing authority of chapter 13 trustee to recover overpayment but not finding refund appropriate where error was attributable to trustee D. holding that funds held by chapter 13 trustee become property of the chapter 7 estate upon conversion not subject to exemption E. holding that chapter 13 trustee loses all authority to act when the conversion becomes effective

assistant: The best answer is E. holding that chapter 13 trustee loses all authority to act when the conversion becomes effective
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of actual or potential breach by Parent of any of its obligations under this Agreement, each Holder and Carlyle, in addition to being entitled to exercise all rights granted by law and under this Agreement including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Parent agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.

assistant: Remedies
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: Customer shall promptly pay, indemnify and hold CMC harmless from all sales, use, gross receipts, GST, value-added, personal property or other tax or levy (including interest and penalties) imposed on the services and deliverables which have been or will be provided under any agreements, other than taxes on the net income or profits of CMC. Subject to any applicable laws, the foregoing shall not apply to the extent Customer is formed as a not for profit organization and promptly provides CMC an applicable tax exempt certificate. All prices quoted are net of taxes.

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: Phillips, 807 So.2d at 718. Based on Blackshear, the gravity of appellant’s crimes, as well as the treatment of like juveniles, supports the imposition of appellant’s true life sentence premised on a Solem factor analysis. As such, similar to the defendant in Blackshear and based on the particular facts of this case, appellant’s sentence does not violate either the Florida or the United States Constitutions’ ban on cruel and unusual punishment. B. International treaty violation Appellant further asserts the imposition of such a sentence violates the ICCPR, an international treaty ratified by the United States in 1966. Even if appellant has standing to personally invoke the provisions of the ICCPR (compare Hanoch Tel-Oren v. Libyan Arab Republic, 517 F.Supp. 542, 545-47 (D.D.C.1981) (<HOLDING>), with United States v. Duarte-Acero, 208 F.3d Options: A. holding that defendant may be subject to death penalty on resentencing B. holding that the death penalty is unconstitutional as applied to juvenile defendants C. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty D. holding that the defendant lacked standing to challenge the death penalty based on the iccpr because treaties apply only to disputes between sovereign governments E. holding that plaintiffs lacked standing to sue

assistant: The best answer is D. holding that the defendant lacked standing to challenge the death penalty based on the iccpr because treaties apply only to disputes between sovereign governments
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 Common Stock of the Company is registered pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended (the “ Exchange Act ”), and the Company, for the two years preceding the date hereof, has filed all reports, schedules, forms, statements and other documents required to be filed by it with the Commission pursuant to the reporting requirements of the Exchange Act. At the times of their respective filings, all of the aforementioned reports, schedules, forms, statements and other documents required to be filed by it with the Commission (the “ Commission Documents ”) complied in all material respects with the requirements of the Securities Act and the Exchange Act and the rules and regulations of the Commission promulgated thereunder, and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates, the financial statements of the Company included in the Commission Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission. Such financial statements have been prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or year-end adjustments or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its Subsidiaries as of 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 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 case excerpt and choose the best holding from the options. Case excerpt: 7, and 10), plaintiffs response thereto, and the reply brief of defendants Crozer-Chester Medical Center, Nora Marden, and Joan K. Richards, and for the reasons stated in the accompa nying Memorandum, it is hereby ORDERED that: 1. Defendants’ motions to dismiss are GRANTED; 2. Count I is DISMISSED for failure to state a claim upon which relief may be granted; 3. The Court having declined to exercise its jurisdiction as to the remaining Counts of the complaint, they are DISMISSED WITHOUT PREJUDICE to their reassertion in state court; 4. The petition of defendant James E. Clark to join in the motion of defendants Crozer-Chester Medical Center and Joan K. Richards to dismiss the complaint (docket entry #9) is GRANTED AS UNOPPOSED; 5. The petition of defendant Nora 73 L.Ed.2d 534 (1982) (<HOLDING>). 5 . Even absent Dr. Klavan’s concession on Options: A. holding that amtrak was a state actor B. holding that a privately owned nursing home that received ninety percent of its funding from the state and was subject to significant state regulation was nevertheless not a state actor C. holding that a state agency created under state law was a state actor D. holding that such a physician was a state actor under 1983 E. holding that a school was not a state actor even though it had to comply with many state regulations to be eligible for state funding and almost all of its students had been referred to it by the state

assistant: The best answer is B. holding that a privately owned nursing home that received ninety percent of its funding from the state and was subject to significant state regulation was nevertheless not a state actor
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 required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered personally or at time of transmission if sent by telegram or fax or 48 hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, or 48 hours after being deposited with an express courier, or at the time an electronic confirmation of receipt is received if delivery is by email, and addressed to the party to be notified at such party’s address as set forth below or as subsequently modified by written notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Consultant agrees that all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets (collectively, “Inventions”) conceived, made or discovered by Consultant, solely or in collaboration with others, during the period of this Agreement that relate in any manner to the business of the Company that Consultant may be directed to undertake, investigate or experiment with, or that Consultant may become associated with in work, investigation or experimentation in the line of business of the Company in performing the Services hereunder, are the sole property of the Company. In addition, any Inventions made by Consultant that constitute copyrightable subject matter shall be considered “works made for hire” as that term is defined in the United States Copyright Act. Consultant hereby assigns fully (and agrees to further assign or cause to be assigned, as necessary to effect such full assignment) to the Company all Inventions and any copyrights, patents, or other intellectual property rights relating thereto.

assistant: Assignments
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 terminated at any time by the mutual written consent of each of the parties hereto. Furthermore, unless such date is extended by the mutual written consent of each of the parties hereto, this Agreement shall automatically terminate and be of no further force and effect in the event that (a) the commencement of the Secondary Offering has not been publicly announced within four (4) business days after the date hereof or (b) the conditions in Section 4.1 of this Agreement have not been satisfied within ten (10) business days after the date hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No 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 Accounting Standards Codification Topic 715) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than US$50,000,000 the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all Plans (based on the assumptions used for purposes of Accounting Standards Codification Topic 715) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than US$75,000,000 the fair market value of the assets of all such Plans.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purposes of this Agreement, notices and all other communications provided for in the Agreement (including the Notice of Termination) shall be in writing and shall be deemed to have been duly given when personally delivered or sent by certified mail, return receipt requested, postage prepaid, addressed to the respective addresses last given by each party to the other, provided that all notices to the Company shall be directed to the attention of the Chief Financial Officer of the Company. All notices and communications shall be deemed to have been received on the date of delivery thereof or on the third business day after the mailing thereof, except that notice of change of address shall be effective only upon 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: is not universally true and a reasonable alternative means currently exists for determining which juvenile offenders are likely to reoffend. Clayton, 684 A.2d at 1063 (applying irrebuttable presumption doctrine). This Court’s irrebuttable presumption doctrine derives from a series of United States Supreme Court cases in the 1970s involving statutes that infringed upon protected interests or denied benefits by utilizing presumptions that the existence of one fact was statutorily conclusive of the truth of another fact. The High Court concluded that, absent a meaningful opportunity to contest the validity of the second fact, the statutory irrebuttable presumptions deprived the citizenry of due process of law. See, e.g., Vlandis v. Kline, 412 U.S. 441, 93 S.Ct. 2230, 37 L.Ed.2d 63 (1973) (<HOLDING>); Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. Options: A. holding state university is not a person under 1983 B. holding that a maryland court could exercise jurisdiction over an outofstate hospital that provided services to maryland residents and registered as a maryland provider designating itself as a liver transplant referral center C. holding statute unconstitutional for employing an irrebuttable presumption that those who lived outofstate when they applied to a state university should be forever deemed outofstate residents for purposes of tuition calculation even if they later become bona fide residents D. holding student activity fees not to be state funds when they were segregated from university funds and the state treasury E. holding that the university of colorado is an arm of the state for purposes of sovereign immunity

assistant: The best answer is C. holding statute unconstitutional for employing an irrebuttable presumption that those who lived outofstate when they applied to a state university should be forever deemed outofstate residents for purposes of tuition calculation even if they later become bona fide residents
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement should be held unenforceable or void, then that provision shall be separated from the remaining provisions and shall not affect the validity of this Agreement except that if the unenforceable or void provision relates to the payment of any monetary sum, then, Lender may, at its option, declare the Secured Indebtedness immediately due and payable but without the payment of any Prepayment Fee.

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 Borrower will, and will cause Holdings and each of the Subsidiaries to, use the proceeds of the Loans and request the issuance of Letters of Credit only for the purposes set forth in Section 3.13.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the value of the relief sought is $ 10,000 or less , at your request , ebay will pay all filing , administration , and arbitrator fees associated with the arbitration .

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: Stanton-Negley asserts that if DPW had provided adequate and timely notice of this Project requirement, Stanton-Negley would have obtained the required accreditation and submitted a bid in response to RFP No. 31-06. Thus, according to Stanton-Neg-ley, DPW’s failure to make a timely disclosure of the accreditation requirement violated due process by depriving Stanton-Negley’s owners of the ability to conduct their business and profession in the manner they had established and with patients they had served prior to the issuance of RFP No. 31-06 and the Project it seeks to implement. We disagree. ' Contrary to Stanton-Negley’s position, it has no protected property right to full participation in the MA Program. Rite Aid of Pennsylvania, Inc. v. Houstoun, 998 F.Supp. 522 (E.D.Pa.1997) (<HOLDING>). Further, Stanton-Negley has no protected Options: A. holding due process clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the charged offense and new york law that requires the defendant in a second degree murder prosecution to prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter when no element of the charged offense is presumed does not violate the due process clause B. holding that an agreement on the one side to sell and on the other to buy does not constitute a conspiracy even if the buyer intends to resell the drugs so long as the buyer and seller do not have an agreement to further distribute the drugs C. holding that the quantity of drugs may not be used to support a departure D. holding that the kersey rule applies in a case involving an attorneys addiction to prescription drugs legally obtained E. holding that an agreement between the commonwealth and a provider of prescription drugs for the medicaid program does not involve the extreme dependence necessary to support a due process claim

assistant: The best answer is E. holding that an agreement between the commonwealth and a provider of prescription drugs for the medicaid program does not involve the extreme dependence necessary to support a due process claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: electronic receipts, that indicate that both Gillette and Mohamed clicked the ‘Yes, I agree” buttons on the Uber application, as depicted in the pictures above. See Colman Decl. Mohamed at ¶ 13-16; Colman Decl. Gillette at ¶ 12. Moreover, it is undisputed that Uber requires drivers to indicate acceptance of the relevant agreements before a driver can continue to use the Uber application, and it is similarly undisputed that both Gillette and Mohamed did, in fact, drive for Uber. Thus, Uber has submitted sufficiently probative evidence that Gillette and Mohamed took some affirmative step to indicate an assent to be bound (i.e., they clicked ‘Yes, I agree” on two separate application screens). See Tompkins v. 23andMe, Inc., 2014 WL 2903752, at *7 (N.D.Cal. Jun. 25, 2014) (Koh, J.) (<HOLDING>) (citing Feldman v. Google, Inc., 513 F.Supp.2d Options: A. holding that an individuals access to a service or website that requires an indication of assent to contractual terms before access to the service or website will be granted was sufficient evidence that the user clicked i accept B. holding that user access codes that facilitated access to a law enforcement database were properly redacted under exemption 7e C. holding that riminis claim that they had permission from their clients to access oracles website is irrelevant under the state statutes D. holding that the plaintiff presented sufficient evidence to establish an agency relationship for service to be effective E. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service

assistant: The best answer is A. holding that an individuals access to a service or website that requires an indication of assent to contractual terms before access to the service or website will be granted was sufficient evidence that the user clicked i accept
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 district court permissibly found that she had not done so and, therefore, a condition of the agreement was not met. 4. The district court did not plainly err in including $13,500 of interest and consequential losses as part of the amount of loss under U.S.S.G. § 2F1.1 (2000) and as part of the restitution required under 18 U.S.C. § 3663A(a)(2). With respect to the amount of loss, exclusion of the $13,500 would not change the sentencing calculation, so we need not decide whether the court erred. With respect to restitution, Defendant failed to raise this issue below and therefore failed to develop a factual record that would permit meaningful review; accordingly, we decline to reach the merits of the claim. See United States v. Hemandez-Ramirez, 254 F.3d 841, 845 (9th Cir.2001) (<HOLDING>); United States v. Bauer, 84 F.3d 1549, 1563 Options: A. holding that statutory grounds for recusal can be waived both by failing to object and by failing to assert error on appeal B. holding that the defendant waived any argument on the issue by failing to oppose a motion to dismiss C. holding that plaintiffs had waived the issue of remand by failing to raise it with the jpml or the district court D. holding that government waived right to challenge alleged error of district court in failing to impose statutory minimum sentence under 841b1b by failing to object to sentence announced by district court E. holding that a defendant waived a sentencing issue by failing to object in district court

assistant: The best answer is E. holding that a defendant waived a sentencing issue by failing to object in district court