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: individuals without first obtaining class certification pursuant to Federal Rule of Civil Procedure 23.” Gen. Tel. Co. of the Nw. v. EEOC, 446 U.S. 318, 333-34, 100 S.Ct. 1698, 64 L.Ed.2d 319 (1980). Additionally, we .have noted, in a different posture, that the EEOC is not required to provide documentation of individual attempts to conciliate on behalf of each potential claimant in a class action. EEOC v. Bruno’s Restaurant, 13 F.3d 285, 289 (9th Cir.1993). In Bruno’s, the defendant restaurant fired its pregnant waitresses. The EEOC investigated and found reasonable cause to believe that the defendant had illegally discriminated against them. Id. at 286-87. The defendant rejected the EEOC’s efforts to settle and the EEOC brought suit. The district court dismissed the EEOC’s action ) (<HOLDING>); EEOC v. Keep. Indus., Inc., 748 F.2d 1097, Options: A. recognizing that the court has rejected the notion that the agency must expressly parse or refute on the record each individual argument or piece of evidence offered by the petitioner internal quotation marks omitted B. holding that an employer violates the nlra when it fails to provide information that is needed by the bargaining representative for the proper performance of its duties internal quotation marks omitted C. holding the eeoc is not required to provide documentation of individual attempts to conciliate on behalf of each potential claimant internal quotation marks omitted D. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted E. recognizing that this court has rejected the notion that the agency must expressly parse or refute on the record each individual argument or piece of evidence offered by the petitioner internal quotation marks omitted

assistant: The best answer is C. holding the eeoc is not required to provide documentation of individual attempts to conciliate on behalf of each potential claimant internal quotation marks omitted
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: prohibited or by allowing alternatives to smoking tobacco. Colorado's ban does not exempt theaters, and it prohibits the smoking of tobacco alternatives, such as cloves or tea leaves, which are often used instead of tobaceo products during theatrical perform-ancesA See § 25-14-203(17); see also Zachary Pincus-Roth, No Smoking in the Theater, Especially Onstage, N.Y. Times, Jan. 28, 2007, available at http://www. ny-times.com/2007/01/28/theater/28pine.html?_r=1 & sep=1 & sq=pin-cus-rothfogmoking & st=ese. In contradiction to Colorado's theatrical smoking ban is the unjustified exemption for airport smoking concessions. See § 25-14-205(1)(f). There is no constitutional right at stake in the airport context, yet smoking is allowed. See id.; see also NYC C.L.A.S.H., 315 F.Supp.2d at 478-79 (<HOLDING>). Despite the majority's confusion about Options: A. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment B. holding that raising chickens is not an expressive act for the purposes of the first amendment C. holding that if the speech in question does not address a matter of public concern there is no first amendment violation D. holding in defamation context that first amendment protects speech regarding a public official unless made with actual malice E. holding that smoking in a public indoor establishment such as a bar or restaurant does not constitute expressive speech under the first amendment because a smokers motivation in that context is generally not to convey a message

assistant: The best answer is E. holding that smoking in a public indoor establishment such as a bar or restaurant does not constitute expressive speech under the first amendment because a smokers motivation in that context is generally not to convey a message
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 agree that this Agreement shall be construed and governed by the laws of the State of Illinois, excepting its conflict of laws principles. Further, the parties acknowledge and specifically agree to the jurisdiction of the courts of the State of Illinois in the event of any dispute regarding Sections 3, 4, 5, or 6 of this Agreement.

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: ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED and the case REMANDED for consideration of the issue of attorneys’ fees incurred on appeal. The plaintiff, represented by appellants, Federman and Sherwood and Holzer and Holzer, brought a securities fraud class action against the defendants under sections 10(b) and 20(a) of the Securities Exchange Act of 1994 and under Rule 10b-5. The defendants moved to dismiss on the basis of, inter alia, a three-year statute of repose and a one-year statute of limitations. See Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 364, 111 S.Ct. 2773, 115 L.Ed.2d 321 (1991) (<HOLDING>). In opposition, the plaintiff made no Options: A. holding only purchasers and sellers of securities can recover under section 10b and rule 10b5 B. holding that actions asserting claims based on 10b and rule 10b5 must be initiated within a year of discovering the facts establishing the violation C. holding that section 10b and rule 10b5 suits must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation D. holding that a blanket bond contract provision requiring a party to bring suit within one year after discovery of the loss was not unreasonable E. holding that 10b and rule 10b5 apply to frauds against brokers

assistant: The best answer is C. holding that section 10b and rule 10b5 suits must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation
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 Subordinated Debtors agree to reimburse the Administrative Agent and the Senior Lenders for their reasonable and documented out-of-pocket expenses incurred hereunder or in connection herewith to the extent provided in Section 9.03 of the Credit Agreement; provided that each reference therein to “the Borrower” shall be deemed to be a reference to “the Subordinated Debtors”.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Contract would survive termination of the Contract. If the Option Holders could have exercised the Option simply by giving notice to Grace of their acceptance and intent to exercise the Option and without purchasing the remaining shares from Grace, such an exercise would have imposed a binding obligation on the Option Holders to purchase the remaining shares by a lump-sum payment. But this construction of the Contract would render the Termination Provision meaningless. See Kruegel v. Berry, 75 Tex. 230, 9 S.W. 863, 863-64 (1888) (stating that option holder under lease had to tender purchase price before lease terminated in order to exercise option to buy leased premises for a specified price); Nguyen v. Woodley, 273 S.W.3d 891, 898 (Tex.App.-Houston [14th Dist.] 2008, no pet.) (<HOLDING>); Cate v. Woods, 299 S.W.3d 149, 153 Options: A. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable B. holding that contract for purchase of real property terminated by its own terms upon buyers giving of a certain notice and that therefore the contract was no longer valid and enforceable C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding that trial court erred as a matter of law by enforcing contract for purchase of real property that had terminated by its own terms E. holding that buyers of real property who were in constructive possession of the property had made a down payment and had signed a contract to purchase at the time of the loss had an insurable interest in the property despite a court determination two years after the loss that the agreement to purchase was not binding

assistant: The best answer is B. holding that contract for purchase of real property terminated by its own terms upon buyers giving of a certain notice and that therefore the contract was no longer valid and enforceable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: concerning the incident.” Section 11165, subdivision (g) specifically includes “the sexual assault of a child ...” in its definition of “child abuse” and subdivision (i) includes licensed psychiatrists and psychologists in its definition of a medical practitioner. Younghanz cites no authority, and we have found none, for considering the right to seek a cure for one’s illness as a fundamental right. He relies on cases holding unconstitutional ordinances restricting the right to seek certain kinds of medical treatment. However, those cases concern an infringement upon recognized fundamental privacy rights relating to personal family matters and family planning. (See City of Akron v. Akron Center for Reproductive Health, Inc. (1983) 462 U.S. 416 [76 L.Ed.2d 687, 103 S.Ct. 2481] (<HOLDING>); Planned Parenthood Federation of America v. Options: A. holding that ordinance restricting use of foreign languages on business signs overtly discriminates on the basis of national origin B. holding unconstitutional an ordinance prohibiting opprobious language C. holding ordinance restricting availability of abortion unconstitutional D. holding that the georgia criminal abortion statute does not criminalize a pregnant womans actions in securing an abortion regardless of the means used E. holding unconstitutional the provision in a georgia abortion statute limiting abortions to georgia residents

assistant: The best answer is C. holding ordinance restricting availability of abortion unconstitutional
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: excluded from participation in, be. denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the applicanVrecipient receives Federal financial assistance. The specific requirements of the United States Department of Transportation standard Civil Rights assurances with regard to the States’ highway safety program (required by 49 CFR 21.7 and on file with the U.S. DOT) are incorporated into this grant agreement. (See Pis.’ Opp’n, Ex. 27 at 2, ¶ 11; see also Pis.’ Tr. Ex. 27 at 4, ¶ 4.) Consequently, as intended third-party beneficiaries to contractual provisions like the one cited above, Plaintiffs have standing to enforce the Department’s promise to comply with Title VI and applicable regulatory requirements. See Lemon, 370 F.2d at 851 (<HOLDING>); see. also United States v. Frazer, 297 Options: A. holding in class action educational desegregation case that when defendants received and accepted federal funds they became bound bysection 601 2000d consequently plaintiffs are entitled to bring this class action suit either under section 601 of the civil rights act of 1964 2000d or under the contractual assurances by which defendants are estopped to deny them the rights to attend desegregated schools B. holding that anesthesiologist whose staff privileges were terminated was not a hospital employee and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964 C. holding that surgeon with surgical privileges was not an employee of hospital and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964 D. holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action E. recognizing that title vi of the civil rights act of 1964 and title ix of the educational amendments of 1972 created individual federal rights because those statutes were phrased with an unmistakable focus on the benefitted class

assistant: The best answer is A. holding in class action educational desegregation case that when defendants received and accepted federal funds they became bound bysection 601 2000d consequently plaintiffs are entitled to bring this class action suit either under section 601 of the civil rights act of 1964 2000d or under the contractual assurances by which defendants are estopped to deny them the rights to attend desegregated schools
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and your nonprofit acknowledge that listing a social impact experience does not create a commercial fundraising or co-venturer , or charitable trust relationship with airbnb and airbnb is not a professional fundraiser or commercial participator .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by telecopier shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement and any separate letter agreement with respect to fees payable to the Agent or confidential information (the latter of which shall apply solely to information provided prior to the date hereof) constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include Electronic Signatures (other than in connection with a written confirmation of a Notice of Borrowing as set forth in Section 2.02), deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

assistant: Integration
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: one under Title VII, requires a showing that: (1) the employee is a qualified individual with a disability under the ADA; (2) he or she was subject to unwelcome harassment; (3) the harassment was based on his or her disability; (4) the harassment was sufficiently severe or pervasive to alter the conditions of his or her employment and to create an abusive working environment; and (5) that the employer knew or should have known of the harassment and failed to take prompt and effective remedial action. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); McConathy v. Dr. Pepper/Seven Up Corp., 131 F.3d 558, 563 (5th Cir.1998). To prove an “abusive work environment,” the plaintif ok County, No. 96 C 1113, 1997 WL 370199 at *9 (N.D.Ill. June 27, 1997) (<HOLDING>). Nevertheless, Kwiatek maintains that he was Options: A. holding that the employers willingness to accommodate the employee undercut the employees claim of constructive discharge B. holding that although the plaintiff has suffered no adverse employment action she may still raise a claim of discrimination based on the alleged failure reasonably to accommodate her disability C. holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection D. holding employers initial refusal to accommodate employees medical restrictions insufficient to establish adverse employment action E. holding that termination is an adverse employment action

assistant: The best answer is D. holding employers initial refusal to accommodate employees medical restrictions insufficient to establish adverse employment 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: except by writ of injunction, and no bill of review shall be filed after two years have elapsed from the date of such decision, order, or judgment. Former Tex. Prob. Code § 31 (current version at Tex. Estates Code § 55.251). In contrast to equitable bills of review, section 31 has been interpreted to require a showing of “substantial error” in a prior decision, order, or judgment. See, e.g., Nadolney v. Taub, 116 S.W.3d 273, 278 (Tex. App. — Houston [14th Dist.] 2003, pet. denied) (“The purpose of a section 31 bill of review is to revise and correct errors, not merely to set aside decisions, orders, or judgments rendered by the probate court.”); McDonald v. Carroll, 783 S.W.2d 286, 288 (Tex. App. — Dallas 1989, writ denied); cf. Norton v. Cheney, 138 Tex. 622, 161 S.W.2d 73, 74 (1942) (<HOLDING>). Fidelity and Valdez contend the Legislature Options: A. holding that the discovery rule does not apply to bill of review claims to set aside probate judgments B. holding that the meritorious defense requirement in a bill of review proceeding violates due process where the bill of review plaintiff has no notice of the proceeding in which the default judgment was rendered C. holding that demand upon a bill already paid or unauthorized demand upon unpaid bill constitutes a false claim even though bill itself contains no false statement D. holding that standard for obtaining equitable bill of review did not apply to statutory bill of review in guardianship proceeding citing jones v parker 67 tex 76 3 sw 222 224 1886 E. holding that bill of review brought in wrong court constitutes collateral attack

assistant: The best answer is D. holding that standard for obtaining equitable bill of review did not apply to statutory bill of review in guardianship proceeding citing jones v parker 67 tex 76 3 sw 222 224 1886
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: From and after the Assignment Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignee whether such amounts have accrued prior to or on or after the Assignment Effective Date. The Assignor and the Assignee shall make all such adjustments in payments by the Administrative Agent for periods prior to the Assignment Effective Date or with respect to the making of this assignment directly between themselves as they shall have agreed, and the Administrative Agent shall have no obligations with respect to any such adjustment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All warranties and guaranties and other similar rights against third parties held by Seller with respect to any Improvements or Personal Property, to the extent the same are transferable, or, if any consent is necessary to effectuate such a transfer, upon Purchaser’s prior request, Seller shall reasonably cooperate at no liability to Seller in obtaining such consent at Purchaser’s sole cost and expense. All transferable governmental deposits, utility deposits, and escrow deposits held by Existing Lender (defined below) that are transferred to Purchaser at Closing shall be credited to Seller and charged to Purchaser.

assistant: Warranties
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 to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement may be waived if, but only if, such waiver is in writing and is signed by the Party against whom the waiver is to be effective. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

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: This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement by telecopier or electronic mail (in a .pdf format) shall be effective as delivery of a manually executed signature page hereto.

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: It has been duly organized and is validly existing as a corporation in good standing under the Laws of its jurisdiction of organization, with power and authority to own its properties and to conduct its business as such properties are presently owned and such business is presently conducted.

assistant: Organizations
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: Murphy USA, the Company and each other Loan Party will execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements and other documents), that may be required under any applicable law, or that the Administrative Agent may reasonably request, to cause the Collateral and Guarantee Requirement to be and remain satisfied at all times or otherwise to effectuate the provisions of the Loan Documents, all at the expense of the Loan Parties. Murphy USA and the Company will provide to the Administrative Agent, from time to time upon request, evidence reasonably satisfactory to the Administrative Agent as to the perfection and priority of the Liens created or intended to be created by the Security Documents.

assistant: Further Assurances
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: Upon your termination of service as a Director of the Company or, if later, the date of your “separation from service” with the Company as defined in Section 1.409A-1(h) of the U.S. Treasury regulations (“Separation from Service”), Shares will be delivered to you (or, in the event of your death, to your beneficiary under the Plan) in the form of an electronic book-entry registration of a number of Shares equal to the number of vested Deferred Units, provided that you have not elected to have them delivered to you at an earlier date pursuant to paragraph 2(b). Until delivery of such Shares, you may not sell, transfer, assign or pledge the Shares subject to your Deferred Unit award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications described in clause (a) above and all other notices, demands, requests and other communications made in connection with this Agreement shall be effective and be deemed to have been received (i) if delivered by hand, upon personal delivery, (ii) if delivered by overnight courier service, one (1) Business Day after delivery to such courier service, (iii) if delivered by mail, three (3) Business Days after deposit in the mail, (iv) if delivered by facsimile (other than to post to an E-System pursuant to clause (a)(ii) or (a)(iii) above), upon sender’s receipt of confirmation of proper transmission, and (v) if delivered by posting to any E-System, on the later of the Business Day of such posting and the Business Day access to such posting is given to the recipient thereof in accordance with the standard procedures applicable to such E-System; provided, however, that no communications to Agent pursuant to Article I shall be effective until received by Agent.

assistant: Effectiveness
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: ensure that officers who engage in investigative and prosecutorial activities testify. See Christian, 119 N.M. at 782, 895 P.2d at 682. Defendant argues in this regard that Mr. Young’s report falls within this category because the Crime Lab prepares such reports of controlled substances “to help law enforcement agencies investigate and prosecute cases.” However, although Mr. Young’s laboratory report was a part of the State’s case, Mr. Young did not engage in investigative or prosecutorial activities. As Ms. Elenbaas testified, Mr. Young’s responsibility as a forensic chemist at the Crime Lab with regard to the evidence in this ease was to conduct an analysis and prepare a report following protocols that are reviewed by the Crime Lab’s accrediting body. See Dedman, 2004-NMSC-037, ¶ 30 (<HOLDING>). The district court did not abuse its Options: A. holding that a process under which a report is prepared that is routine nonadversarial and made to ensure an accurate measurement indicated that the report was not investigative or prosecutorial B. holding that investigative report regarding potential premises liability claim was protected work product C. holding that defendants use of investigative report to refresh witnesss recollection waived defendants work product privilege as to that part of the report that related to the testimony offered D. holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel E. holding that police report of witnesss statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory

assistant: The best answer is A. holding that a process under which a report is prepared that is routine nonadversarial and made to ensure an accurate measurement indicated that the report was not investigative or prosecutorial
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 payment of “prevailing rates” and “regular charges,” Payne could not maintain a cause of action alleging unreasonable, unconscionable and excessive charges. See id. at 1241. The trial court dismissed the complaint; however, on appeal, the First District reversed holding that Payne had alleged the necessary elements to state a cause of action, that he did not need to anticipate Humana’s affirmative defenses, and that Humana’s arguments were more properly raised in an answer rather than in a motion to dismiss. See id. The court held that since the contract between Humana and Payne did not expressly set the governing prices within its four corners, Humana was bound by a reasonableness requirement. See id. (citing F.L. Stitt & Co. v. Powell, 94 Fla. 550, 556, 114 So. 375, 378 (1927)(<HOLDING>); McGill v. Cockrell; 88 Fla. 54, 58, 101 So. Options: A. holding that aln attorney who is employed under a contingent fee contract and discharged pri or to the occurrence of the contingency is limited to quantum meruit recovery for the reasonable value of the services rendered to the client and may not recover the full amount of the agreed contingent fee B. holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied C. holding that petitioner had failed to exhaust alternative remedies for review of his fee agreement because the ssa notified petitioner he could obtain his fee by filing a fee petition D. holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed E. holding that the fee applicant bears the burden of showing that an adjustment is necessary to the determination of a reasonable fee

assistant: The best answer is B. holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied
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: Deliver to Lender copies of each of the financial statements, reports, and other items set forth on Schedule 6.1 no later than the times specified therein. In addition, each Borrower agrees that no Subsidiary of a Borrower will have a fiscal year different from that of Borrowers. Each Borrower agrees to maintain a system of accounting that enables such Borrower to produce financial statements in accordance with GAAP. Each Loan Party shall also (a) keep a reporting system that shows all additions, sales, claims, returns, and allowances with respect to the sales of such Loan Party and its Subsidiaries, and (b) maintain its billing systems/practices substantially as in effect as of the Closing Date and shall only make material modifications following prior notice to Lender.

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: All representations, warranties, and agreements made by Grantor in this Agreement shall survive the execution and delivery of this Agreement, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.

assistant: Warranties
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 representations and warranties made by the Company and each Guarantor herein, in the other Loan Documents and in any document, certificate or statement delivered pursuant hereto or in connection herewith, shall be considered to have been relied upon by the Lenders and shall survive the execution and delivery of this Agreement, and the making of the Loans and other extensions of credit hereunder, regardless of any investigation made by the Lenders or on their behalf. The provisions of Sections 11.5 and 11.10 shall remain operative and in full force and effect regardless of the expiration of the term of this Agreement, the consummation of the transactions contemplated hereby, the repayment of any of the Loans, the expiration of the Commitments, the invalidity or enforceability of any term or provision of this Agreement or any other Loan Document or any investigation made by or on behalf of the Administrative Agent or any Lender.

assistant: Warranties
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: seeking damages and injunctive relief. for; (1) intentional interference with contract and conspiracy; (2) intentional interference with prospective-business advantage and conspiracy; (3) inducing breach of contract and conspiracy; (4) negligent interference with prospective economic advantage and conspiracy; and (5) unfair competition and conspiracy- The defendant moves to dismiss the Complaint or stay this action pursuant to 28 U.S.C. § 2201 based on the ongoing California lawsuit. II. Discussion A. Declaratory Judgment Act At the outset, the Court finds that this lawsuit is governed by federal rather than state law because the Declaratory Judgment Act addresses procedural as opposed to substantive rights. See Haagen-Dazs Shoppe Co. v. Born, 897 F.Supp. 122, 126 & n. 2 (S.D.N.Y.1995) (<HOLDING>); De Feo v. Procter & Gamble Co., 831 F.Supp. Options: A. holding that a federal court acting under its federal as opposed to diversity jurisdiction may also give greater preclusive effect to a state court judgment than the state courts would give B. holding that federal courts must apply state substantive law in diversity cases C. holding that a federal court in diversity jurisdiction must apply state substantive law D. holding that the declaratory judgment act as opposed to state law governs cases removed on the basis of diversity jurisdiction under an erie analysis E. holding in diversity cases without any federal question state law governs district courts determination of whether to recognize a foreign country judgment

assistant: The best answer is D. holding that the declaratory judgment act as opposed to state law governs cases removed on the basis of diversity jurisdiction under an erie analysis
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: Beaumont’s own nurses and nurses employed by the other hospitals, the settlement cannot be characterized as disgorgement. The district court properly denied Federal’s motion to compel discovery. IV. Conclusion For the foregoing reasons, we AFFIRM the judgment of the district court. 1 . The Policy defines bolded terms elsewhere in the document. 2 . Federal does not argue that this court should look at the clause "any amount reimbursed by any Insured Person” (R. 11-2 PAGE ID 244) in making its decision. As the district court correctly held, under the terms of the Policy, an insured person encompasses only individuals, not companies. R. 46 PAGE ID 2327 n. 9. 3 . Other courts have distinguished Level 3 on this ground. See Genzyme Corp. v. Fed. Ins. Co., 622 F.3d 62, 70 (1st Cir.2010) (<HOLDING>); Virginia Mason Med. Ctr. v. Exec. Risk Options: A. holding the eleventh amendment barred the retroactive payment of state benefits wrongfully withheld B. holding that proceeds of a litigation settlement were an identifiable fund and thus a proper subject of a misappropriation and conversion claim C. holding that plaintiffs security deposit was not improperly withheld when home applied the deposit amount to rent in arrears D. holding that because the settlement agreement here specifically did not contain any admission of liability the plaintiff must therefore prove some liability on the part of defendant E. holding that defendant obtained no identifiable asset and therefore the underlying settlement payment cannot represent the restoration to the plaintiffs of some amount the defendant had improperly taken and withheld

assistant: The best answer is E. holding that defendant obtained no identifiable asset and therefore the underlying settlement payment cannot represent the restoration to the plaintiffs of some amount the defendant had improperly taken and withheld
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was able to formulate his research and submit his issues of disputed fact, then he would not need a motion for continuance at all. 8 . Interestingly, after the referee denied both of Rapoport’s requests for a continuance, the referee requested an extension from this Court based on Rapoport’s illness. This Court granted the request and extended the time to file the referee’s report until November 28, 2001. 9 . Florida Bar v. Lipman, 497 So.2d 1165, 1167-68 (Fla.1986) ("It is within the sound discretion of the referee, assigned by this Court to preside over a disciplinary proceeding such as this, to grant or deny a motion for continuance. Such a ruling will not be disturbed by this Court absent a clear abuse of discretion.”). 10 . See Greene v. Seigle, 745 So.2d 411 (Fla. 4th DCA 1999) (<HOLDING>); Mondestin v. Duval Fed. Sav. & Loan Ass’n, Options: A. holding that a party against whom a motion for summary judgment is filed is entitled to notice and a meaningful opportunity to be heard B. holding that plaintiffs due process rights were violated when the trial court granted a summary judgment motion eight days after it was filed without providing the plaintiff with a sufficient opportunity to be heard C. holding that a predeprivation opportunity to be heard satisfies the due process clause D. holding that a motion to intervene filed after final judgment should have been granted E. holding that an appellate court should not undertake to review whether a plaintiff failed to state a claim upon which relief can be granted when the only motion filed and the only motion on appeal was the trial courts grant of summary judgment

assistant: The best answer is B. holding that plaintiffs due process rights were violated when the trial court granted a summary judgment motion eight days after it was filed without providing the plaintiff with a sufficient opportunity to be heard
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: Upon Tenant’s request, Landlord agrees, at no cost to Landlord, to cooperate with, assist and join in Tenant’s efforts to obtain any governmental permit, license or approval that Tenant deems necessary or desirable for Tenant’s use and enjoyment of the Premises for any of the Permitted Uses or any other uses approved by Landlord or any Alterations undertaken by or on behalf of Tenant in accordance with Section 10.01.

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 legal provision and list the applicable contract clause categories. Provision: Each of the Borrowers is Solvent and the Obligors, taken as a whole, are Solvent. None of PHR, any Future Intermediation Subsidiary or any Obligor is planning to take any action described in Section 12.1(h) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, construction, and effect of the PEP, any rules and regulations and any award agreements or related documents hereunder shall be determined in accordance with the Delaware General Corporation Law, without giving effect to principles of conflicts of laws and applicable federal law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the satisfaction of the conditions precedent set forth in Section 4 below, the Purchasers hereby waive (i) the occurrence of the Specified Defaults and (ii) any other Default or Event of Default arising under Section 11(e) of the Purchase Agreement, solely as a result of the Specified Defaults. The waiver in this Section 2 applies only to the Specified Defaults and only for the periods and for the express circumstances described above, and shall not be construed to constitute (i) a waiver of any other event, circumstance or condition or of any other right or remedy available to the Purchasers pursuant to the Purchase Agreement, any Note, any Subsidiary Guaranty or any Supplemental Note Purchase Agreement or (ii) a course of dealing or a consent to any departure by the Company from any other term or requirement of the Purchase Agreement.

assistant: 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • advertise or solicit others to purchase any product or service within the vimeo site ( unless you are an official vimeo partner or advertiser and have a written agreement with vimeo ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no pending, or to the Pride Shareholders’ Knowledge, threatened in writing action, claim, suit, proceeding or investigation against Pride, or to which any property, assets or rights of Pride is subject, nor is Pride subject to any Order that remains outstanding or unsatisfied, in each case, except as would not, individually or in the aggregate, reasonably be expected to have a Pride Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a non-obvious condition or one that posed an unreasonable risk of harm capable of surviving summary judgment). Clothes racks in general are not only open and obvious in a department store, they are completely ordinary (unlike, for instance, the “unusual” steps mentioned by the Bertrand court and cited by plaintiff). There is nothing unusual alleged about the particular racks shown in the stipulated evidence, and nothing alleged in their design that disguises a latent danger about which only the proprietor knows. (J.A. 22-23.) As the district court also observed, Cudney did not allege or offer proof that the clothes rack had an unusual design that caused a tripping hazard. Thus, the risk of harm was not unreasonable. Cf. Lugo v. Ameritech, Inc., 464 Mich. 512, 629 N.W.2d 384, 389 (2001) (<HOLDING>). Cudney attempts to rely on the distraction Options: A. holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government B. holding that the liability creating event constitutes an occurrence C. holding that a plaintiff must allege facts that distinguish him from the typical person the ban applies to in order to state an as applied claim D. holding that the plaintiff did not present evidence of retaliation and therefore the plaintiff failed to allege facts that would allow a rational jury to conclude that the employers reasons for termination were pretextual E. holding that potholes are an everyday occurrence that ordinarily would be seen by a reasonably cautious person and the plaintiff failed to allege any special aspects that made the open and obvious pothole an unreasonable risk

assistant: The best answer is E. holding that potholes are an everyday occurrence that ordinarily would be seen by a reasonably cautious person and the plaintiff failed to allege any special aspects that made the open and obvious pothole an unreasonable risk