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: in the state’s insurance market. In addition to this competitive disadvantage, the Legislature considered the practical “business difficulties” confronting all insurers as a result of such possible catastrophic claims, such as the difficulty in determining the amount of reserves to keep on hand. It was thought that the creation of such an association of insurers would alleviate the competitive inequity of these catastrophic claims by spreading their cost throughout the industry, and also increase the statistical basis for prediction of the overall cost of such claims, making the management of these liabilities easier. See House Legislative Analysis, SB 306, March 13,1978. [In re Certified Question, supra at 714 n 2.] 19 T laims Ass’n, 177 Mich App 538 (1989), aff'd 434 Mich 901 (1990) (<HOLDING>). 27 In re Certified Question, supra at 723. Options: A. holding that insured cannot demand reimbursement for defense insurer had no opportunity to control if insured does not promptly notify insurer of facts triggering coverage B. holding that indemnitees could recover their attorneys fees and costs from an indemnitor despite the fact that the fees and costs had been paid directly by an insurer and noting that the indemnitor is not relieved from liability either on the theory that the insurer is entitled to reimbursement out of the indemnitees recovery or that the defendant should not benefit from a contract providently made and paid for by the plaintiff C. holding that the plaintiff insurer was not entitled to reimbursement from the mcca D. holding that insured may recover attorneys fees from insurer where insurer acts in bad faith E. holding that the insurer was entitled to credit against the owners claim in the amount paid to the mortgagee

assistant: The best answer is C. holding that the plaintiff insurer was not entitled to reimbursement from the mcca
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: need for medication and his condition. The booking officer ... failed to use the property in such a way to avoid [appellant] being injured. The improper use of the property proximately caused the injuries to [appellant]. The gist of appellant’s negligence claim is that the booking officer’s placement of the stool was equivalent to “use” of the booking room and that the officer negligently or improperly “used” the room because he failed to “use” it in such a manner as to avoid injury to appellant. When, as in this case, a motion for summary judgment is directed solely at the facts alleged in the pleadings, we will accept as true every allegation in appellant’s pleadings against which the motion is directed. See, e.g., Adamo v. State Farm, Lloyds Co., 853 S.W 2d 528, 529 (Tex.1975) (<HOLDING>). If appellant’s pleadings, when liberally Options: A. holding courts have held that hospitals have a duty to protect its patients from the tortious or criminal actions of third parties due to the special relationship between the hospital and the patient B. holding that the hospitals failure to provide patient with a hospital bed with side rails brought the case under 1010212 C. holding that upon admission to a hospital the hospitals lien attached to the proceeds of all insurance claims accruing to the patient or his legal representative as a result of the patients hospitalization D. holding that hospitals failure to provide epileptic and mentally retarded patient with a life preserver to be used as part of his swimming attire brought the case under 1010212 E. holding that universitys failure to provide football player with proper protective gear to be used as part of his football uniform brought the case under 1010212

assistant: The best answer is B. holding that the hospitals failure to provide patient with a hospital bed with side rails brought the case under 1010212
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: see United States v. Gomez-Perez, 215 F.3d 315, 319 (2d Cir. 2000). We have considered Lisi’s remaining arguments and conclude that they are without merit. For the foregoing reasons, the judgment of the District Court is AFFIRMED in part and the appeal is DISMISSED in part. 1 . Lisi also argues Aat he received ineffective assistance of counsel from Touger in connection with Ae motion to withdraw his guilty plea, because Touger failed to submit evidence that he was prejudiced by ineffective assistance on Ae part of Zelin. But any such claim would depend on the existence of such evidence, none of which appears in the present record. Accordingly, any such claim would have to be made by a petition pursuant to 28 U.S.C. § 2255. See Billy-Eko v. United States, 8 F.3d 111, 114 (2d Cir. 1993) Options: A. holding aat ineffective assistance claims are appropriately brought in 2255 petitions because resolution of such claims often re quires consideration of matters outside the record on direct appeal B. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal C. holding ineffective assistance of counsel claims may be decided on direct appeal where the district court has developed a record on the ineffectiveness issue D. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record E. holding that because ohio law required ineffectiveassistanceofcounsel claims be raised in an application to reopen the direct appeal of the criminal case such claims were part of the direct appeal entitling defendant to the assistance of counsel

assistant: The best answer is A. holding aat ineffective assistance claims are appropriately brought in 2255 petitions because resolution of such claims often re quires consideration of matters outside the record on direct appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe that your content has been copied in a way that constitutes copyright infringement , please report this by visiting our copyright reporting form ( https://support.twitter.com/forms/dmca ) or contacting our designated copyright agent at :

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contracts). In a cost-reimbursement contract, the Government assumes all of the costs incurred by the contractor during performance, which engenders concerns regarding the Government’s ability to control expenditures and limit its liability. LOC and LOF provisions serve to permit the Government an opportunity to increase funding or terminate a project in an overrun status. A fixed-price contract, by contrast, is not subject to the same funding concerns because the contractor must perform without regard to the cost of work within the scope of the contract or under a fixed-price bilateral modification. A critical factor in the analysis of clauses limiting liability is the ability of the contractor to cease performance upon reaching full funding. See Advanced Materials, 108 F.3d at 310-11 (<HOLDING>); Ebasco Sews., 37 Fed.Cl. at 379-80 (noting Options: A. holding that limitation on cost is prospective and will not be retroactively applied when contractor may stop work prior to incurring costs above funding limitation B. holding that duration of limitation is a factor in determining whether limitation is significant C. recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation D. holding that the discovery rule within mcl 6005838a2 is an alternative to the other periods of limitation and it is itself a period of limitation E. holding time limitation on statement of costs is not jurisdictional and late filing is within courts discretion

assistant: The best answer is A. holding that limitation on cost is prospective and will not be retroactively applied when contractor may stop work prior to incurring costs above funding limitation
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 the payment of any Annual Incentive, the Corporation (or applicable Subsidiary making such payment, as the case may be) shall have the right to deduct the amount of any federal, state or local taxes that the Corporation or any Subsidiary may be required to withhold with respect to such payment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 7.1.(i), there are no actions, suits or proceedings pending (nor, to the knowledge of any Loan Party, are there any actions, suits or proceedings threatened, nor is there any basis therefor) against or in any other way relating adversely to or affecting the Parent, the Borrower, any other Loan Party, any other Subsidiary or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which, (i) could reasonably be expected to have a Material Adverse Effect or (ii) in any manner draws into question the validity or enforceability of any Loan Documents or the Fee Letter. There are no strikes, slow downs, work stoppages or walkouts or other labor disputes in progress or threatened relating to, any Loan Party or any other Subsidiary which could reasonably be expected to have a 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 legal provision and list the applicable contract clause categories. Provision: The Transaction Documents, together with the exhibits and schedules thereto, contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules. At or after each Closing, and without further consideration, the Company and the Purchasers will execute and deliver to the other such further documents as may be reasonably requested in order to give practical effect to the intention of the parties under the Transaction Documents.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof.

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: this Court has jurisdiction only if the underlying bankruptcy court order is in fact final. See In re Flor, 79 F.3d 281, 283 (2d Cir.1996) (“For purposes of § 158(d), a determination of the district court is not ‘final’ unless the underlying order of the bankruptcy court is final.”); see also In re Lievsay, 118 F.3d 661, 662 (9th Cir.1997) (“If the underlying bankruptcy court decision is interlocutory, the BAP order affirming or reversing it is also interlocutory.”). The parties conced that a district court’s appellate order was final and appealable, even assuming the underlying bankruptcy court order was not final at the time it was appealed, because the bankruptcy case had been dismis Ct. 2882, 115 L.Ed.2d 1048 (1991); cf. Clausen v. Sea-3, Inc., 21 F.3d 1181, 1184 (1st Cir.1994) (<HOLDING>). Here, regardless whether the bankruptcy Options: A. holding that entry of final judgment on a claim in a multiparty action pursuant to rule 54b should clearly articulate the reasons and factors underlying the decision to grant 54b certification B. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court C. holding that by virtue of fed rapp p 4a2 appellants premature notice of appeal ripened when the district court certified its december 31 1992 amended judgment pursuant to fedrcivp 54b D. holding premature notice of appeal was treated as entered on date of entry of final judgment E. holding timely notice of appeal under fed rapp p 4a is jurisdictional

assistant: The best answer is C. holding that by virtue of fed rapp p 4a2 appellants premature notice of appeal ripened when the district court certified its december 31 1992 amended judgment pursuant to fedrcivp 54b
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 variety of their people to get all the documents for — reference the fish pond together. And it took some time. I mean, he’s not — he’s not the only reporter that we end up having to do work for. Although MacPherson testified that the reason for the delay was that assembly of the eleven pages “took some time,” she could not remember when she first asked that the documents be assembled or when she received the assembled documents. In the 108 days it took to fill the request, she only remembers making three phone calls to two people in an effort to get the request filled. ¶ 31 Although a request for voluminous documents that are not all located in the same place might justify some delay in responding to a document request, cf. Cleaver v. Kelley, 415 F.Supp. 174, 175-76 (D.D.C.1976) (<HOLDING>), similar delays have been upheld only with Options: A. holding agencies of state government are part of the state for purposes of sovereign immunity B. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents C. holding that the duty of disclosure affects not only the prosecutor but the government as a whole including its investigative agencies D. holding that state and local government agencies were not persons under the fca E. holding that the failure of two government agencies to process a disclosure request within the time provisions of the foia was not in effect a denial of the request because those agencies were faced with an unpredictable backlog of requests that were being processed in chronological order

assistant: The best answer is E. holding that the failure of two government agencies to process a disclosure request within the time provisions of the foia was not in effect a denial of the request because those agencies were faced with an unpredictable backlog of requests that were being processed in chronological order
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: instagram content is protected by copyright , trademark , patent , trade secret and other laws , and , as between you and instagram , instagram owns and retains all rights in the instagram content and the service .

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 shall remain in effect for the Term. While this Agreement remains in effect, it shall automatically renew each day after the date of this Agreement so that the Term remains a three-year term from day-to-day hereafter unless the Employer or the Executive gives written notice to the other of its intent that the automatic renewals shall cease. In the event such notice of non-renewal is properly given, this Agreement and the Term shall expire on the third anniversary of the thirtieth (30th) day following the date such written notice is received.

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 case excerpt and choose the best holding from the options. Case excerpt: inferences should be drawn against Lynn Smith, based on David Smith’s assertion of the Fifth Amendment, with regard to all issues concerning the Trust, the Stock Account, the Checking Account, and the Vero Beach house Pl. Mem. of Law (Dkt. No. 74) at 1. These contentions, however, appear to confuse evidentiary inferences with issue preclusion. An inference permits a finder of fact to conclude that evidence of a particular fact exists which is unfavorable to the party against whom the inference is drawn. See Henning v. Union Pacific R. Co., 530 F.3d 1206, 1219-20 (10th Cir.2008); An adverse inference is permissive, not mandatory, and an adverse inference alone is insufficient to establish entitlement to relief. See JHP & Associates, LLC v. N.L.R.B., 360 F.3d 904, 910 (8th Cir.2004) (<HOLDING>); 3M v. Pribyl, 259 F.3d 587, 606 n. 5 (7th Options: A. holding that a reasonable inference need not be the sole possible inference B. holding that adverse inference alone insufficient to support a motion for summary judgment C. holding evidence which established that use of property was permissive showed use of property was not adverse D. recognizing that a vital fact may not be established by piling inference upon inference E. holding that adverse inference rule is permissive

assistant: The best answer is E. holding that adverse inference rule is permissive
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: Unless the context otherwise requires, the terms defined in this Section 10 shall have the meanings specified for all purposes of this Agreement; provided , however , that capitalized terms that are not otherwise defined herein shall have the meanings given to such terms in the Certificate of Designation. All accounting terms used in this Agreement, whether or not defined in this Section 10 , shall be construed in accordance with GAAP. If the Company has one or more Subsidiaries, such accounting terms shall be determined on a consolidated basis for the Company and each of its Subsidiaries, and the financial statements and other financial information to be furnished by the Company pursuant to this Agreement shall be consolidated and presented with consolidating financial statements of the Company and each of its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive is prevented from performing his/her duties hereunder by reason of any physical or mental incapacity that results in Executive’s satisfaction of all requirements necessary to receive benefits under the Company’s long-term disability plan due to a total disability, then, to the extent permitted by law, Company may terminate the employment of Executive at or after such time. Nothing in this Subparagraph 4(b) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

assistant: Disability
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 that the receipt of Shares hereunder results in compensation income to Grantee for federal, state or local income tax purposes, Grantee shall deliver to Company at such time the sum that the Company requires to meet its tax withholding obligations under applicable law or regulation, and, if Grantee fails to do so, Company is authorized to (a) withhold from any cash or other remuneration (including any Shares), then or thereafter payable to Grantee, any tax required to be withheld; or (b) sell such number of Shares as is appropriate to satisfy such tax withholding requirements before transferring the resulting net number of Shares to Grantee in satisfaction of its obligations under this Agreement.

assistant: Tax Withholdings
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 and each other Loan Document has been duly executed and delivered by each Loan Party and each Guarantor that is party thereto. This Agreement and each other Loan Document constitutes a legal, valid and binding obligation of such Loan Party or Guarantor, as the case may be, enforceable against each Loan Party and each Guarantor that is party thereto in accordance with its terms, except as such enforceability may be limited by Debtor Relief Laws, by general principles of equity and by a covenant of good faith and fair dealing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: been subject to the provisions of the Act if their employers had elected to participate.... Given that only some employees were automatically covered by the Act and that the determination of whether employees not involved in extra-hazardous employment were covered by the Act was made by employers, we cannot concur that: Because every worker in Wyoming now may receive an equal benefit under the act with respect to the protection afforded the co-employee, there seems no prospect of supporting the claim of a deprivation of equal protection. Mills v. Reynolds, 807 P.2d [383,] 397 [ (Wyo.1991)] (emphasis added). The Act created classifications which treat similarly situated people differently. Mills, 837 P.2d at 51 (brackets added). Cf. Thompson v. Forest, 136 N.H. 215, 614 A.2d 1064 (1992) (<HOLDING>). 7 . Those states that permit co-employees to Options: A. holding that the coemployee immunity provision in workers compensation law was constitutional B. holding that because maryland law expressly creates right to file workers compensation claim action exists for wrongful discharge for termination based solely on the filing of a workers compensation claim C. holding that prohibition may not be used to raise affirmative defense of workers compensation immunity D. holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme E. holding that the trial courts authority to initiate workers compensation benefits before the final adjudication was not divested by the legislature and was consistent with the stated purpose of the workers compensation act

assistant: The best answer is A. holding that the coemployee immunity provision in workers compensation law was constitutional
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: not apply where a defendant knew that its statement was false when made”). 87 . Halperin v. eBanker USA.com, Inc., 295 F.3d 352, 357 (2d Cir.2002). 88 . See Ganino v. Citizens Utils. Co., 228 F.3d 154, 159 (2d Cir.2000) ("The truth-on-the-market defense is intensely fact-specific and is rarely an appropriate basis for dismissing a § 10(b) complaint for failure to plead materiality.”). 89 . See In re NTL, Inc. Sec. Litig., 347 F.Supp.2d 15, 34 (S.D.N.Y.2004) ("Vague expressions of optimism, or puffery, are insufficient to support a claim for securities fraud.”). 90 . See Caiafa v. Sea Containers, Ltd., 525 F.Supp.2d 398, 410-411 (S.D.N.Y.2007). 91 . ATSI, 493 F.3d at 99 (citing Ganino, 228 F.3d at 168-69). Accord In re Scottish Re Group Sec. Litig., 524 F.Supp.2d 370, 398 (S.D.N.Y.2007) (<HOLDING>); In re eSpeed, Inc. Sec. Litig., 457 F.Supp.2d Options: A. holding that scienter had not adequately been pled where the plaintiffs provided none of the required facts underlying the complaints allegations as to the information that was supposedly available to the individual defendants B. holding that even if defendants knew that the company had inventory problems that fact standing alone does not show that defendants knew that the statements in their prospectus or other representations were materially false or misleading at the time the material statements were made C. holding that an officers sox certification alone is not probative of scienter rather the plaintiff must allege facts showing the officer was severely reckless in certifying the accuracy of the financial statements D. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter E. holding that plaintiffs adequately pleaded scienter because the allegations supported the inference that the company and the officers were at least reckless in not knowing that the financial statements were false and in failing to disclose internal control weaknesses

assistant: The best answer is E. holding that plaintiffs adequately pleaded scienter because the allegations supported the inference that the company and the officers were at least reckless in not knowing that the financial statements were false and in failing to disclose internal control weaknesses
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 Option Agreement shall be governed by the applicable Code provisions to the maximum extent possible. Otherwise, the laws of the State of Florida (without reference to the principles of conflict of laws) shall govern the Option and the rights of the Optionee.

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: (a) HCM has kept all books and records since inception and HCM’s financial statements have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved. The balance sheets are true and accurate and present fairly as of their respective dates the financial condition of HCM. As of the date of such balance sheets, HCM had no liabilities or obligations (absolute or contingent) which should be reflected in the balance sheets or the notes thereto prepared in accordance with generally accepted accounting principles, and all assets reflected therein are properly reported and present fairly the value of the assets of HCM, in accordance with generally accepted accounting principles consistently applied throughout the periods involved. The statements of operations, stockholders’ equity and cash flows reflect fairly the information required to be set forth therein by generally accepted accounting principles.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: search. ¶ 17 Furthermore, even if the trial court erred by admitting the results of the mattress search, the error was harmless. An error is harmless if the court is “satisfied beyond a reasonable doubt that the evidence did not impact the verdict.” State v. Romanosky, 162 Ariz. 217, 223, 782 P.2d 693, 699 (1989). Given the overwhelming weight of the evidence against Appellant, including the physical evidence of his guilt and the facts that Appellant and Ms. Coughlin were the only people in Room 204 and the door was locked from the inside, the jury would have found that Appellant committed the murder beyond a reasonable doubt even if the eyeglasses and pornographic magazine had not been admitted into evidence. See State v. Fulminante, 161 Ariz. 237, 245, 778 P.2d 602, 610 (1988) (<HOLDING>). C. ¶ 18 Appellant contends that the trial Options: A. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record B. holding improperly admitted evidence may be harmless if cumulative C. holding admission of challenged evidence is harmless error where the record contains other properly admitted evidence that independently establishes guilt D. holding that admission of evidence is harmless if it is cumulative to other legitimately admitted evidence that establishes a defendants guilt beyond a reasonable doubt E. holding the erroneous admission of an involuntary confession is subject to a harmless error analysis when the defendants guilt is established beyond a reasonable doubt

assistant: The best answer is D. holding that admission of evidence is harmless if it is cumulative to other legitimately admitted evidence that establishes a defendants guilt beyond a reasonable doubt
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 467 (describing the practical problems that would ensue if tolling were not permitted in opt-in class actions). It also would place on the court the burden of timing class certification and implementing opt-in procedures in such a way as to make sure that the limitations period was met. This would be virtually impossible in cases such as this, where suit was filed late in the period. See, Brief of Amici Curiae Larry J. Rhutasel et al. at 11-12 (unintentional procedural delays in ruling on class certification would terminate putative class members’ claims if tolling did not permit putative members to opt in to a representative suit after the statute of limitations had run). Such a holding also would create an anomalous difference 8, 139-140, 127 S.Ct. 764, 166 L.Ed.2d 604 (2007) (<HOLDING>). Finally, we agree with the reasoning of the Options: A. holding that congress intended to adopt a standard more stringent than the prepslra second circuit standard B. recognizing the circuit split and applying the subjective standard as more stringent without deciding which standard applies C. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard D. holding that terry parental unfitness standard is more stringent than the dependency best interests standard E. holding that the standard for assessing whether a justiciable controversy exists should not be more stringent in lawsuits seeking a declaration of patent invalidity or noninfringement than in nonpatent fields

assistant: The best answer is E. holding that the standard for assessing whether a justiciable controversy exists should not be more stringent in lawsuits seeking a declaration of patent invalidity or noninfringement than in nonpatent fields
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: Passariello “asked first,” Penny-Mac’s request was denied. This “race to the podium” analysis does not reflect the proper exercise of a court’s discretion. The record below manifestly supported PennyMac’s requested relief from the technical admissions. In light of that record, and in the absence of any showing of prejudice to Labeau and Passariello, the trial court abused its discretion in fading to grant relief. See Donaldson, 165 So.3d at 42. See also Ruiz v. De Varona, 785 So.2d 508, 509 (Fla. 3d DCA 2000) (finding “dismissal based solely on the failure to timely answer a request for admissions would be inappropriate when the pleadings make clear the opposing party’s position and the existence of disputed facts”); Sher v. Liberty Mut. Ins. Co., 557 So.2d 638, 639 (Fla. 3d DCA 1990) (<HOLDING>) CONCLUSION We do not countenance PennyMac’s Options: A. holding that a motion to dismiss or for summary judgment precluded default judgment B. holding that disputed issues of fact precluded entry of summary judgment since the record was replete with evidence contradicting the admissions created by shers failure to file a timely response C. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves D. holding because trial court fully considered plaintiffs response to summary judgment motion failure to render summary judgment without notice or hearing harmless thus trial court was not required to vacate the summary judgment and then reinstate it to accomplish the same end E. holding that when there are no genuine issues of material fact summary judgment is appropriate

assistant: The best answer is B. holding that disputed issues of fact precluded entry of summary judgment since the record was replete with evidence contradicting the admissions created by shers failure to file a timely response
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: these terms of use set forth the legally binding terms and conditions for your use of the website at http://www.vivino.com ( the `` site '' ) and the services , features , content , applications or widgets offered by vivino ( collectively with the site , the `` service '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: policies or when government is entwined in [its] management or control”) (quotation marks omitted). According to the record, the government entities here did nothing more than authorize and approve a contract that provided tax benefits conditioned on PMI opening a plant in Piqua. The factual allegations do not suggest that the government showed any interest in the internal business matters of PMI or that, aside from offering tax incentives, it influenced PMI’s business decisions. See Rendell-Baker, 457 U.S. at 841, 102 S.Ct. 2764 (finding no state action where various government regulators “showed relatively little interest in the school’s personnel matters”). PMI’s challenged actions, moreover, occurred without any involvement whatsoever by any government entity or regulation. See id. (<HOLDING>). Nor does the Workers’ Amended Complaint Options: A. holding that there was no state action where the decisions to discharge the petitioners were not compelled or even influenced by any state regulation B. holding that when neither the petitioners state court briefs nor the state courts decision made any reference to any federal constitutional claim or cited any federal constitutional cases the lack of fundamental error found by the state court was a lack of fundamental error under arizonas state constitution C. holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action D. holding that while the fourteenth amendment is directed against state action and not private action the state action requirement is met in a civil action where state law is applied whether by statute or common law E. holding that although the state regulated and subsidized the nursing homes private parties not state officials made the administrative decisions therefore the decisions could not be treated as state action

assistant: The best answer is A. holding that there was no state action where the decisions to discharge the petitioners were not compelled or even influenced by any state regulation
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 constitutes the entire understanding of the parties with respect to its subject matter and no change, addition, alteration or modification to the terms of Executive’s employment (except his Base Salary which may be periodically adjusted as set forth in Section 2(a) herein) or this Agreement may be made except in writing signed by the parties hereto. Any prior or other agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect.

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: discretion, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000), we deny the petition for review. The BIA properly held that Singh’s motion to reopen was untimely because Singh filed it more than five months after the final administrative decision. See 8 C.F.R. § 1003.2(c)(2) (generally requiring that a motion to reopen be filed within 90 days after a final decision is rendered). Moreover, as the BIA mailed its April 11, 2003 decision to the last address provided by Singh’s counsel, Singh’s claim that he did not have sufficient notice of the decision fails. See Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997) (finding notice sent by regular mail to last address provided by alien satisfies requirements of constitutional due process); Urbina-Osejo v. INS, 124 F.3d 1314, 1317 (9th Cir.1997) (<HOLDING>). We do not reach Singh’s claim of ineffective Options: A. holding on habeas review that counsels failure to object to improper argument at trial did not prejudice petitioner where other evidence supported a guilty verdict and the jury was told closing argument was not evidence B. holding notice of impending tax sale of property was not reasonably calculated to reach property owner when notice sent via certified letter by state was returned unclaimed and state did not take additional reasonable steps to ensure notice was provided C. holding that the court cannot conclude that failure of service resulted from defendants rejection of delivery where letters sent to defendant were returned stating unclaimed and not at this address D. holding that where notice was sent via constitutionally adequate method petitioner must present substantial and probative evidence that there was improper delivery or that nondelivery was not due to the petitioners failure to provide an address E. holding that petitioners reliance on a case which concluded that a defendants right to a fair trial was violated was insufficient to place court on notice that petitioner was advancing a constitutional due process claim because the decision was based on state law

assistant: The best answer is D. holding that where notice was sent via constitutionally adequate method petitioner must present substantial and probative evidence that there was improper delivery or that nondelivery was not due to the petitioners failure to provide an address
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 Participant acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of Section 12 would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, the Participant agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to cease making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available.

assistant: Specific Performance
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 execution, delivery and performance by each Loan Party of each Loan Document to which such Person is a party are within such Person’s corporate or other powers and have been duly authorized by all necessary corporate or other organizational action. Neither the execution, delivery and performance by each Loan Party of each Loan Document to which such Person is a party nor the consummation of the Transaction will (a) contravene the terms of any of such Person’s Organization Documents, (b) result in any breach or contravention of, or the creation of any Lien upon any of the property or assets of such Person or any of the Restricted Subsidiaries (other than as permitted by Section 7.01) under (i) any material Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any material order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any applicable material Law; except with respect to any breach, contravention or violation (but not creation of Liens) referred to in clauses (b) and (c), to the extent that such breach, contravention or violation would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Plan shall bind and inure to the benefit of Employer and its successors and assigns. The term successors as used herein includes any corporate or other business entity which shall, whether by merger, consolidation, purchase or otherwise acquire all or substantially all of the business and assets of Employer, and successors of any such corporation or other business entity.

assistant: Successors
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 Borrowers’ cost and expense, upon the reasonable request of the Administrative Agent, the Loan Parties shall promptly duly execute and deliver, or cause to be duly executed and delivered, to the Administrative Agent such further information, instruments, documents, certificates, financing and continuation statements, and do and cause to be done such further acts that may be reasonably necessary or advisable in the reasonable opinion of the Administrative Agent to carry out more effectively the provisions and purposes of this Agreement, the Security Instruments and the other Loan Documents, including, to create, continue or preserve the liens and security interests in Collateral (and the perfection and priority thereof) of the Administrative Agent contemplated hereby and by the other Loan Documents (including, without limitation, in connection with the notation of the Administrative Agent’s Lien on the certificate of title of any Company Vehicle and any re-titling documentation related thereto; provided that, notwithstanding that the Administrative Agent shall take possession on the Closing Date of all certificates of title of one hundred percent (100%) of Company Vehicles owned by the Loan Parties on the Closing Date and shall have the notation of its Lien placed on the certificates of title of one hundred percent (100%) of Company Vehicles acquired by the Loan Parties after the Closing Date, no more than fifty percent (50%) of Company Vehicles owned by the Loan Parties on the Closing Date, by value, shall have the notation of the Administrative Agent’s Lien placed on their respective certificates of title unless an Event of Default has occurred and the Administrative Agent has effected such notation while such Event of Default was continuing), specifically including all Collateral acquired by the Borrowers after the Closing Date.

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: Each Loan Party hereby represents and warrants that each of this Amendment and the Credit Agreement and the Security Agreement as amended hereby is the legal, valid and binding obligation of such Loan Party and is enforceable against such Loan Party in accordance with its terms.

assistant: Enforceability
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 Guaranty shall be binding on and shall inure to the benefit of Buyer, Guarantor and their successors and permitted assigns. All of Guarantor’s indemnities in this Guaranty, and all other provisions in this Guaranty that, by their terms, expressly survive termination of the Transaction Documents, shall survive the termination of the Transaction Documents and the full and indefeasible payment, performance and discharge of the Guarantor Liabilities and the Repurchase Obligations, and shall apply to and benefit all Indemnified Parties, Buyer and its successors and assigns. No other Person shall be entitled to any benefit, right, power, remedy or claim under this Guaranty.

assistant: Survival