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: plaintiffs did not know definitively whether MidAtlantic would actually operate as a division of U.S. Airways when the December 2002 agreement was executed, they did know or reasonably should have known that the terms of employment provided therein were negotiated irrespective of MidAtlantic’s corporate form. In other words, the agreement provided plaintiffs actual notice that defendants had rendered a significant bargaining point as to the corporate form as irrelevant and that AFA had taken a negotiating position adverse to their interests. See Palancia v. Roosevelt Raceway, Inc., 551 F.Supp. 549, 553 (E.D.N.Y.1982), aff'd mem., 742 F.2d 1432 (2d Cir.1983) (“[U]nion members are charged with knowledge of the contents of their collective bargaining agreement.”); Ramey, 378 F.3d at 278 (<HOLDING>). Plaintiffs essentially ask the court to toll Options: A. holding union members state law claims for defamation against union preempted B. recognizing that union members interests are adequately represented by the union C. holding that the plaintiffs acted on behalf of all union members and reimbursing the attorneys fees from the union treasury such that all union members in effect equally contributed to the costs of litigation D. holding that the breach occurs when the union acts against the interest of its members E. recognizing union members vital concern in preserving jobs for union members

assistant: The best answer is D. holding that the breach occurs when the union acts against the interest of its members
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee shall have broad authority to amend the Certificate without approval of the Participant to the extent necessary or desirable (i) to comply with, or take into account changes in, applicable tax laws, securities laws, accounting rules and other applicable laws, rules and regulations or (ii) to ensure that the Participant is not required to recognize income for United States federal income tax purposes with respect to any Performance Share Units before such Performance Share Units are settled and is not subject to additional tax and interest under Section 409A with respect to any Performance Share Units.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller is the record owner of and has good and marketable indefeasible fee simple title to Property, free and clear of all Encumbrances except Permitted Encumbrances. There are no options or rights to purchase or acquire, or agreements, arrangements, commitments or understandings relating to, the Property except pursuant to this Agreement, the Amended and Restated Omnibus Agreement or commercial agreements to which an HFC Entity is a party.

assistant: Titles
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 rules of interpretation specified in the Credit Agreement shall be applicable to this Agreement. In the event of any direct conflict between the terms of this Agreement and the terms of the Credit Agreement, the terms of the Credit Agreement shall control.

assistant: Interpretations
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: Sections ‎1 , ‎2 , ‎4.2 , ‎4.3 , ‎6.2 and ‎7 shall survive any expiration or termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ROBRENO, District Judge. Before the Court is the issue of what amount of factual detail and degree of particularity must be pled to state a cause of action for conspiracy to violate 42 U.S.C. § 1983 in the wake of the Supreme Court’s decision in Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, — U.S. -, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993) (<HOLDING>). Plaintiff Francis J. Loftus (“Loftus”) brings Options: A. holding that a municipality may be held liable as a person under 1983 B. holding inter alia that a municipality cannot be held liable under section 1983 on a respondeat superior theory C. holding that municipality may not be held liable under 1983 upon theory of respondeat superior D. holding that a municipality may only be held liable under 1983 for a policy practice or custom E. holding that 1983 actions against a municipality cannot be held to a heightened standard of specificity

assistant: The best answer is E. holding that 1983 actions against a municipality cannot be held to a heightened standard of specificity
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 cause of action for wrongful discharge where an employee is terminated for refusing to commit an unlawful act for which the employee could be held personally liable. McGarrity v. Berlin Metals, Inc., 774 N.E.2d 71, 76 (Ind.Ct.App.2002). The Kelley Defendants assert that Ms. Treat does not claim that Henderson terminated her employment for refusing to commit an unlawful act but that, rather, she alleges that Henderson terminated her employment because she threatened to report his actions to Kelley management. Indeed, Ms. Treat admits that she told Henderson that she “would not operate with banks in such a fashion.” The Kelley Defendants thus argue that Ms. Treat’s wrongful discharge claim does not create any liability. See Bregin v. Liquidebt Sys., Inc., 2008 WL 150611 (N.D.Ind.) (<HOLDING>). The Kelley Defendants conclude that even if Options: A. recognizing retaliatory discharge cause of action when plaintiff discharged for whistleblowing B. holding that no commonlaw cause of action for a discharge in retaliation for reporting violations existed before passage of the wpa which thereafter became the exclusive remedy for an employee whose employment is terminated in retaliation for reporting an employers violation of the law C. recognizing that indiana courts do not extend the wrongful discharge exception to the employmentatwill doctrine to employees whose employment is terminated for whistleblowing or reporting their employers misdeeds D. recognizing cause of action for wrongful discharge E. recognizing tort of wrongful discharge

assistant: The best answer is C. recognizing that indiana courts do not extend the wrongful discharge exception to the employmentatwill doctrine to employees whose employment is terminated for whistleblowing or reporting their employers misdeeds
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 of the Restricted Shares shall terminate and be forfeited to the Company immediately upon either (a) the failure of the Company to achieve the Milestones as set forth in Section 3(a), or (b) the occurrence of a Termination Event at any time prior to the expiration of the Time Period, other than your death or permanent disability.

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: To the extent required by Applicable Law, HSM shall add to any Management Fee Rates due under this Agreement amounts equal to any sales, use or similar taxes, however designated or levied, based upon the provision of the Management Services performed hereunder. HSM is solely responsible for the collection and remittance of any such taxes to the appropriate tax authorities. The Parties will cooperate with each other to minimize any such taxes to the extent reasonably practicable. If additional taxes are determined to be due with respect to the Management Services provided hereunder as a result of (a) an audit by any applicable tax authority, or (b) a new or change in Applicable Law, then MPC shall reimburse HSM for the additional taxes due from HSM, including interest and penalties. MPC has the right to contest with the tax authority, at MPC’s sole expense, the amount of any taxes or the result of any audit. HSM is responsible for any penalty or interest resulting from its failure to remit any invoiced taxes. Notwithstanding anything in this Agreement to the contrary, this Section 4.6 will, to the fullest extent permitted by Applicable Law, survive the termination of this Agreement and remain in effect until the expiration of the relevant statutes of limitations.

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: court’s equity jurisdiction in the case sub judice is necessarily superimposed on P.S. § 3-105. When the circuit court finds that an officer is denied a right under the LEOBR pursuant to a show cause order, the court’s authority includes those equitable powers necessary to grant or vindicate the right denied. It is inconsistent with the concept of equity jurisdiction to limit the circuit court’s authority in ruling on a show cause order such that the relief awarded will not make the officer whole. Consequently, we hold that the circuit court, upon invocation of its equity jurisdiction, may grant such equitable remedies as are necessary to provide full relief to the officer as a result of the procedural violation. See Beard v. S/E Joint Venture, 321 Md. 126, 143, 581 A.2d 1275 (1990) (<HOLDING>); Williams v. Williams, 305 Md. 1, 8, 501 A.2d Options: A. holding he who seeks equity must do equity B. holding that a grant of equitable relief requires diligence by the claimant C. recognizing the equitable maxim that once equity has jurisdiction it will grant complete relief D. holding that under the doctrine of equitable subrogation equity will grant relief where a mortgage is satisfied by mistake and no rights of third parties have intervened if the mistaken action was reasonable E. holding that the court may presume it has jurisdiction over a case once the plaintiffs initial burden of establishing jurisdiction has been satisfied

assistant: The best answer is C. recognizing the equitable maxim that once equity has jurisdiction it will grant complete relief
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: relation between a general depositor and the bank in which his deposit is made is simply that of debtor and creditor. The moneys deposited immediately become the property of the bank, and the latter becomes debtor of the depositor....”’ ... However, when funds are deposited for a special purpose with notice to the bank, the deposit does not become the property of the bank and the right of set-off does not exist. Id. at 521, 290 S.E.2d at 864 (emphasis added) (first omission in original) (original source omitted). The court also held that exempt funds that are commingled with nonexempt funds lose their exempt status. Id. at 522, 290 S.E.2d at 865. Critical to the court’s decision was a balancing between the tremendous burden that would be put on bank if E.D.Va., 1980) (Bostetter, J.) (<HOLDING>). The continued vitality of that portion of Options: A. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor B. holding that legislature clearly intended that workers compensation act and unemployment security act be construed together thus prohibiting worker from receiving both unemployment compensation and workers compensation payments for same period C. holding that pursuant to statute unemployment benefits must be offset against workers compensation payments D. holding that payments made by third parties on behalf of debtors are disbursements notwithstanding the debtors lack of control over the funds E. holding without elaboration that funds in debtors bank account arising from workers compensation payments remained exempt

assistant: The best answer is E. holding without elaboration that funds in debtors bank account arising from workers compensation payments remained exempt
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: application, made in federal court and seeking non-damages relief. Finally, there is United States v. James, a 1992 decision from the Ninth Circuit. The James court did recognize that an Indian tribe enjoyed sovereign immunity, based on “its status as a dependent domestic nation,” from a third-party subpoena issued on the application of a criminal defendant (before noting that, at least to certain categories of requested documents, the tribe had waived that immunity). 980 F.2d 1314, 1319-20 (9th Cir. 1992). But, as several courts both inside and outside of the Ninth Circuit have since recognized, James’ abbreviated discussion of the issue failed even to acknowledge the constitutional interests at stake given the posture of the underlying matter. See, e.g., Alltel, 675 F.3d at 1105 (<HOLDING>); Velarde, 40 F.Supp.2d at 1315-17 (“I reject Options: A. holding that defendants have a right to counsel in criminal proceedings B. holding that disputes involving questions of interpretation of a tribal constitution and tribal law is not within the jurisdiction of the district court C. holding that a criminal defendant has a sixth amendment right to counsel at trial D. holding that the fourteenth amendment incorporated the sixth amendment right to counsel E. recognizing that james has been criticized and distinguished in district court opinions that have concluded that the sixth amendment rights of criminal defendants among other things counsel against such a broad interpretation of tribal immunity

assistant: The best answer is E. recognizing that james has been criticized and distinguished in district court opinions that have concluded that the sixth amendment rights of criminal defendants among other things counsel against such a broad interpretation of tribal immunity
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 Grantor (other than Parent) agrees that, should it after the Closing Date acquire, or become the exclusive licensee of, or file an application for the registration of any Registered Intellectual Property included in the Collateral (the “ After-Acquired Intellectual Property ”), (i) the provisions of Section 3 shall automatically apply thereto, (ii) any such After-Acquired Intellectual Property shall automatically become part of the Intellectual Property Collateral, and (iii) no later than the next date of delivery of financial statements pursuant to Section 7.1(a) of the Credit Agreement thereafter covering a period that includes the date on which such After-Acquired Intellectual Property is acquired or licensed or such application is filed, as the case may be (or such later date as the Administrative Agent may agree in its reasonable discretion), such Grantor shall (A) report such acquisition, license or filing to the Administrative Agent in accordance with and to the extent required by Section 7.10(c) of the Credit Agreement and (B) upon request of the Administrative Agent, subject to Section 7.10(c) of the Credit Agreement and Sections 3(b) and 3(c) hereof, execute and deliver, and have recorded with the United States Patent and Trademark Office, an Intellectual Property Security Agreement (or an amendment to any previously executed and filed Intellectual Property Security Agreement) with respect to such After-Acquired Intellectual Property, and any and all other agreements, instruments, documents, and papers as the Administrative Agent may reasonably request to evidence the Secured Parties’ security interest in any such After-Acquired Intellectual Property.

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

user: (b) Nothing in this Agreement will prohibit Receiving Party from disclosing Confidential Information of Disclosing Party if legally required to do so by judicial or governmental order or in a judicial or governmental proceeding (“Required Disclosure”); provided that Receiving Party shall: (i) give Disclosing Party reasonable notice of such Required Disclosure prior to disclosure;

assistant: No
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: at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs’ suit at the time it was brought. Moreover, in PauÉuxet the Court stated that it did not agree “with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable.” Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass’n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as Options: A. holding that wetlands adjacent to navigable waters are included in the term territorial waters B. holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca C. holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states D. holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself E. holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources

assistant: The best answer is D. holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself
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: F.Supp.2d at 827. “In an appeal of the district court’s denial of habeas relief, this court reviews the district court’s findings of fact for clear error and its conclusions of law de novo, applying the same standard of review that the district court applied to the state court decision.” Roberts v. Thaler, 681 F.3d 597, 603-04 (5th Cir.2012) (citations omitted). We review a district court’s denial of relief under Federal Rule of Procedure 60(b) for an abuse of discretion. See Hernandez v. Thaler, 630 F.3d 420, 428 (5th Cir.2011). Butler also claims that the trial judge provided an insufficient remedy for a Bat-son violation that occurred during the jury selection for his capital trial. On direct appeal, the TCCA rejected this claim on the merits. See generally Butler, 872 5.W.2d at 233 (<HOLDING>). To obtain habeas relief on his Batson claim, Options: A. holding that trial court did not commit reversible error in charging jury that reasonable certainty was the proper standard for establishing the value of plaintiffs lost earnings and that some evidence was all that was required in this matter B. holding that a district court did not commit reversible error because it attached great weight to one factor C. holding that trial court did not commit reversible error when it submitted admissibility of evidence question to jury because the trial court had independently decided the question D. holding the trial judge did not commit reversible error through the chosen method of remedying the batson violation E. holding that a trial court does not commit plain error unless the error is clear under current law

assistant: The best answer is D. holding the trial judge did not commit reversible error through the chosen method of remedying the batson 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 case excerpt and choose the best holding from the options. Case excerpt: after the Petition Date. More over, the Decree does not purport to divest Chrystal of her interest in the Residence immediately. Rather, it states that “[w]hen [Lawrence] ... refinances, [Chrystal] will be responsible for providing a good and sufficient deed as to convey her interest in that property to [Lawrence].” Under the Decree, then, Chrystal retained an interest in the Residence and is not obligated to convey that interest by deed to Lawrence until he refinances — an event that had not occurred as of the Petition Date. Second, Chrystal’s dependents — her children — live at the Residence whenever Lawrence is serving as the residential parent. Residential use by a dependent satisfies the second prong of the exemption. See In re Miller, 157 B.R. 621, 622-23 (Bankr.N.D.Ohio 1993) (<HOLDING>). Furthermore, because Chrystal is realizing Options: A. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live B. holding that even though defendant stated he did not read and discuss psr with his counsel he could not show any error that affected his substantial rights C. holding that debt orhusband could exempt his interest in home even though he lived elsewhere and even though the home was a residence only for his children and codebtor wife from whom he was separated D. holding that the plaintiff filed suit within the statute of limitations even though he could not prove the time at which he mailed his petition E. holding defendant who discharged firearm into empty residence could be convicted of aggravated assault if he acted with intent to cause serious bodily injury to person he believed was in residence even though that person was elsewhere

assistant: The best answer is C. holding that debt orhusband could exempt his interest in home even though he lived elsewhere and even though the home was a residence only for his children and codebtor wife from whom he was separated
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, each of which shall be a valid and binding original, but all of which together shall constitute one and the same instrument. Facsimile or digital copies of this Agreement, including the signature page hereof, shall be deemed originals for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: should include a common transactional fact or status predicated on the cause of action, the appropriate time span, and geographical boundaries, if applicable, or other pertinent facts or characteristics that would make the class readily identifiable and capable of accurate verification. Newberg, supra § 6:17 at 631-32. When defining a class, Plaintiffs must avoid subjective criteria or circular definitions that depend on the outcome of the litigation. Id. § 6:14. Imprecise, vague, or broad definitions that include persons with little connection to the claims will fail to meet the definiteness requirement. See Earnest, 923 F.Supp. at 1473-74 (finding that the class definition was so vague and broad, the minimum standard of definiteness was not met); see also Harris, 127 F.R.D. at 659 (<HOLDING>). A subjective or merits-based definition can Options: A. holding that a class could not be certified because the definition made class members impossible to identify prior to individualized factfinding and litigation and thereby failed to satisfy one of the basic requirements for a class action under rule 23 B. holding that a fraud class action cannot be certified when individual reliance will be an issue C. holding the court was not required to decide the issue of whether the district court properly certified a rule 23b2 class because the court already concluded that the district court appropriately certified the class under rule 23b3 citing authority for the proposition that a court need only find that a class action may be maintained under any of the three subdivisions D. holding the class too imprecise and speculative to be certified E. holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed

assistant: The best answer is D. holding the class too imprecise and speculative to be certified
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: except as expressly granted in this agreement , all rights , title and interest in and to the service , and in and to the linden marks are reserved by linden lab .

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: Except as otherwise expressly provided herein, no amendment or modification of this Agreement or the Grant Notice shall be valid or binding upon the parties hereto unless the amendment or modification is in writing that is signed by the parties and references this Agreement or the Grant Notice, applicable; provided, however, that the Company may amend or modify this Agreement or the Grant Notice without Participant’s consent or signature if the Administrator determines, in its sole discretion, that such change or modification is necessary or appropriate for purposes of compliance with or exemption from the requirements of Section 409A of the Code or any regulations or other authoritative guidance issued thereunder. Notwithstanding the preceding sentence, the Company may amend the Plan to the extent permitted by the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision of this Agreement shall be determined to be illegal or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

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: You agree to make yourself available to testify on behalf of the Company in any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, and to provide necessary information and meet and consult with members of management or other representatives of, or counsel to, the Company as reasonably requested. The Company's request for reasonable cooperation shall take into consideration your personal and business commitments and the amount of notice provided to you The Company will fully reimburse you for reasonable out-of-pocket expenses incurred in connection with such cooperation provided they are properly documented.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: jury unanimously found that Plaintiff did not prove that the BOE, Community School District 21, Donald Weber, or Michael Miller “discriminated against her based on her religion,” (Tr. 1375), and it found that Plaintiff had not proven that the BOE, Community School District 21, Donald Weber, or Michael Miller “retaliated against her because of her complaining of religious discrimination or because she hired an attorney.” (Tr. 1376.) II. DISCUSSION A. Rule 50 Motion for Judgment as a Matter of Law 1. Legal Standard In this Circuit, a party seeking to vacate a jury verdict and enter judgment as a matter of law carries a “heavy burden.” See Burke v. Spartanics Ltd., 252 F.3d 131, 136 (2d Cir.2001); Ryduchowski v. Port Authority of New York and New Jersey, 203 F.3d 135, 142 (2d Cir.2000) (<HOLDING>). Judgment as a matter of law is only Options: A. recognizing that a trial court can set aside verdict B. holding that district court erred in determining that jury verdict of noninfringement divested district court of jurisdiction to hear unenforceability counterclaim C. holding that the societal costs of retrial after a jury verdict of guilty are far too substantial to justify setting aside the verdict simply because of an error in the earlier grand jury proceedings D. holding district court erred in setting aside jury verdict and entering judgment as a matter of law E. holding that court erred as matter of law in failing to enter judgment for employer at close of plaintiffs implied employment contract action

assistant: The best answer is D. holding district court erred in setting aside jury verdict and entering judgment as a matter of law
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: at 89; Loudermilk, 208 S.W.3d at 703. Whether waiver occurs depends on the individual facts and circumstances of each case. Loudermilk, 208 S.W.3d at 703; Williams Indus., Inc. v. Earth Dev. Sys. Corp., 110 S.W.3d 131, 135 (Tex.App.-Houston [1st Dist.] 2003, no pet.). A party does not waive arbitration merely by delay; instead, the party urging waiver must establish that any delay resulted in prejudice. Prudential Sec. Inc., 909 S.W.2d at 898; Loudermilk, 208 S.W.3d at 703. A court may find waiver only when (1) the party seeking arbitration has substantially invoked the judicial process and (2) the party opposing arbitration suffers actual prejudice as a result. Bruce Terminix Co., 8 L.Ed.2d 493 (1990); Miller Brewing Co. v. Fort Worth Distrib. Co., 781 F.2d 494, 497-98 (5th Cir.1986) (<HOLDING>); see also In re Serv. Corp. Int’l, 85 S.W.3d Options: A. holding that party waived arbitration by participating in trial that ended in mistrial B. holding that party waived public policy challenge by failing to raise it during arbitration C. holding that party waived arbitration by filing multiple lawsuits D. holding that state waived its immunity by filing proofs of claim E. holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement

assistant: The best answer is C. holding that party waived arbitration by filing multiple lawsuits
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: or territorial law by a governmental unit, or property settlement agreement, but not to the extent that— (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise ... or (B) such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support.... 11 U.S.C. § 523(a)(5) (amended). The Defendant admits that any obligations for support, alimony, or maintenance that may be awarded by the Family Court are not dischargeable under section 523(a)(5). She contends, however, that this section is not broad enough to include the order entered by the Family Court awarding attorneys’ 2d 940, 941 (5th Cir.1993); Holliday v. Kline (In re Kline), 65 F.3d 749, 751 (8th Cir.1995) (<HOLDING>); In re Brasslett, 233 B.R. 177, 189 Options: A. holding that where party has contracted to pay attorneys fees for collection of nondischargeable debt attorneys fee award also will not be discharged in bankruptcy B. holding that attorneys fees were nondischargeable as maintenance even though award was in favor of attorneys not spouse because it was rendered in light of the financial resources of the parties C. holding attorneys testimony on all work performed sufficient to support attorneys fees award even though no time records presented D. holding merely that the evidence was sufficient to support the award of attorneys fees E. holding that a public administrator was not entitled to attorneys fees in a claim against the estate of a former guardian where the case was not one where attorneys fees were authorized and there was no evidence to support the award

assistant: The best answer is B. holding that attorneys fees were nondischargeable as maintenance even though award was in favor of attorneys not spouse because it was rendered in light of the financial resources of the parties
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 GUARANTOR AND THE BENEFICIARY, BY ITS ACCEPTANCE OF THIS Guarantee , IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS Guarantee OR THE TRANSACTIONS CONTEMPLATED HEREBY.

assistant: Waiver Of Jury Trials
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, including any and all Exhibits attached hereto, sets forth the entire agreement and understanding of the parties with respect to the matters set forth herein. All prior discussions, negotiations and agreements, whether oral or written, with respect to the subject matter hereof are superseded hereby and incorporated herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from California to Florida. Importantly, there is no suggestion that Janet deliberately tried to manipulate the legal system. Her diligence in seeking to set aside the default judgment reveals no disrespect for the courts. Rather, like Falk, this is a case where a party unfamiliar with the legal system defaulted at a time of extreme personal difficulty; indeed, the circumstances here were, if anything, more exigent than in Falk. Under all the circumstances, we consider Janet’s conduct to be excusable. 2. Meritorious Defenses: Turning to the meritorious defense factor, we conclude that Janet has a potentially meritorious defense. A defendant seeking to vacate a default judgment must present specific facts that would constitute a defense. See Madsen v. Bumb, 419 F.2d 4, 6 (9th Cir.1969) (<HOLDING>). But the burden on a party seeking to vacate a Options: A. holding that district court did not abuse its discretion by entering default judgment without first holding evidentiary hearing where there was no uncertainty about the amounts at issue the pleadings contained specific dollar figures and the court requested and received affidavits in support of the default judgment B. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact C. holding that district court had not erred in declining to vacate default judgment when defendant offered mere general denial without facts to support it D. recognizing that the rule appears to be general that where the information specifies the charge and no defense is offered and a default is taken the order of suspension may not require a finding of fact to support it E. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment

assistant: The best answer is C. holding that district court had not erred in declining to vacate default judgment when defendant offered mere general denial without facts to support it
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 Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the L/C Issuer and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participations.

assistant: Participations
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: Schedule 4.17 contains a list of all material policies of property, fire and casualty, product liability, general liability, workers’ compensation, and other forms of insurance held by, or for the benefit of, the Company or any of its Subsidiaries. True and complete copies of such insurance policies have been made available to Buyer or its representatives. Except as set forth in Schedule 4.17 , (a) as of the date hereof, none of the Company or any of its Subsidiaries has received any written, or to the knowledge of the Company, oral notice from any insurer under any such insurance policies listed (or required to be listed) on Schedule 4.17 , canceling or materially adversely amending any such policy or denying coverage thereunder, and (b) all premiums on such insurance policies due and payable have been paid. With respect to those policies listed (or required to be listed) on Schedule 4.17 , (i) they are in full force and effect and, to the knowledge of the Company, are free from any right of termination on the part of the insurance carriers; (ii) all premiums and retained losses within deductibles or self-insured retentions due with respect thereto have been paid or accrued; (iii) as of the date hereof, no written notice has been received by the Company or its Subsidiaries that indicates that material changes in any such policy are required as a condition to the continuation of coverage under, or renewal of, any such policy; (iv) as of the date hereof, neither the Company nor any of its Subsidiaries has been denied insurance coverage under any such policy within the last year and (v) to the knowledge of the Company, each such policy is sufficient for compliance with all applicable Laws and Contracts to which the Company or any of its Subsidiaries is a party or by which it is bound.

assistant: Insurances
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: At the Closing, the Company shall reimburse Buyer for expenses incurred by them in connection with the negotiation, preparation, execution, delivery and performance of this Agreement and the other agreements to be executed in connection herewith (“Documents”), including, without limitation, reasonable attorneys’ and consultants’ fees and expenses, transfer agent fees, fees for stock quotation services, fees relating to any amendments or modifications of the Documents or any consents or waivers of provisions in the Documents, fees for the preparation of opinions of counsel, escrow fees, and costs of restructuring the transactions contemplated by the Documents. When possible, the Company must pay these fees directly, otherwise the Company must make immediate payment for reimbursement to the Buyer for all fees and expenses immediately upon written notice by the Buyer or the submission of an invoice by the Buyer. The Company’s obligation with respect to this transaction is to reimburse Buyer’s expenses shall be $11,250 in legal fees, which shall be deducted from the Note when funded.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Lease (including as it may be extended pursuant to the terms hereof, the “Term”) shall commence on the date hereof and, unless terminated in accordance with the provisions hereof, shall remain in full force and effect for an initial term ending on June 30, 2017 and thereafter shall automatically renew for successive one-year terms unless either party provides written notice not less than 30 days prior to the expiration of the current term. Notwithstanding the foregoing, (a) Lessor shall have the right to terminate this Lease immediately upon termination of the G550 Dry Lease Agreement and (b) either party shall have the right to terminate this Lease (i) immediately upon breach of the terms of this Lease by the other party, or (ii) for any reason or no reason by written notice given to the other party not less than ten (10) days prior to the proposed termination date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes all prior agreements and understandings between the Participant and the Company, its Subsidiaries and its Affiliates relating to the grant of this Award, whether oral or otherwise, provided however that this Agreement shall not supersede any agreement (including any employment agreement) with the Company, its Subsidiaries and its Affiliates or policy of the Company, its Subsidiaries and its Affiliates relating to confidentiality, no-solicitation, no-hire, non-competition, non-disparagement or recoupment of compensation, including but not limited to the Restrictive Covenants and Confidentiality Agreement previously entered into between the Company and the Participant.

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: an “of counsel” attorney who was not an employee of the firm but who participated on an ad hoc basis in the firm’s caseload. While the attorney was “of counsel” for more than one law firm at the same time, he was active on more than twenty-five cases for the firm over a five-year period, and he held himself out (and was held out by the firm) as acting on behalf of and affiliated in some manner with the firm. In its decision, the District Court stated that “[a] lawyer who is acting ‘of counsel’ for a law firm and held out to the public will be regarded as a ‘member’ within 11 U.S.C. § 504, so as to be free from statutory limitations on fee sharing arrangements.” Lemonedes, 226 B.R. at 132 (citations omitted); see also In re Sheehan Memorial Hosp., 380 B.R. 299, 303 (Bankr.W.D.N.Y.2007) (<HOLDING>); but see In re Bradley, 495 B.R. 747, 767 n. Options: A. holding that a fee sharing arrangement between attorneys was enforceable even though one attorney failed to register with the state as required B. holding the same with respect to an apartment C. holding provision in attorneys fee contract requiring client that terminated contract to immediately pay attorney fee equal to present value of attorneys interest in case was inconsistent with public policy and unconscionable D. holding that service provider was not a fiduciary with respect to revenue sharing because the total expenses associated with each investment option were fully disclosed E. holding that when attorneys were acting as members of the firm with respect to the case in question section 504b1 applies to allow fee sharing with any member whether that membership is regular or sporadic

assistant: The best answer is E. holding that when attorneys were acting as members of the firm with respect to the case in question section 504b1 applies to allow fee sharing with any member whether that membership is regular or sporadic
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 Credit Parties shall not enter into any transaction with any of its Affiliates, except in the Ordinary Course of Business of the Credit Parties and upon fair and reasonable terms that are no less favorable to the Credit Parties than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate of the Credit Parties.

assistant: Transactions With Affiliates