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 exercise of the Court’s discretion. Indeed, with respect to discretionary issues, the only one that the Court finds it prudent to consider is whether the remaining heirs of von Mendelssohn-Bartholdy, of whom there are apparently around forty, see transcript 3/5/08, should be joined to this lawsuit under Federal Rule of Civil Procedure 19(a). Although neither party has moved for joinder, courts frequently do— and indeed should — consider the issue sua sponte because a primary purpose of Rule 19 is to protect the rights of an absentee party. See MasterCard Int’l, Inc. v. Visa Int’l Serv. Ass’n, 471 F.3d 377, 382-383 (2d Cir.2006). As the Museums repeatedly have emphasized, however, they seek in this action declarations of their property rights in the paintings only v (2d Cir.2003) (<HOLDING>); cf. Oneida Indian Nation v. New York, 732 Options: A. holding a plaintiff failed to show an actual injury to challenge an epa rule when the plaintiff alleged he would not have purchased a piece of property or would have paid less because the plaintiffs allegations showed only that the property was worth less to him not that the property was in fact worth less B. holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation C. holding that if defendant could establish ineffective assistance of counsel in failure to file petition for review in his direct appeal then appropriate remedy would be to allow filing of petition for review out of time D. holding that current titleholder would only have to be joined if the appropriate remedy for the plaintiff would be to reconvey his property E. holding that in light of the defendants failure to engage in the interactive process liability would be appropriate if reasonable accommodation would otherwise have been possible

assistant: The best answer is D. holding that current titleholder would only have to be joined if the appropriate remedy for the plaintiff would be to reconvey his 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: Read the case excerpt and choose the best holding from the options. Case excerpt: See Thornton, 511 F.3d at 1228; Holt, 510 F.3d at 1012. Some of our sister circuits have encountered a different type of “double counting” problem in cases that involve calculations of loss under § 2Bl.l(b)(l). This version of “double counting” occurs where the same fraudulent check or stolen credit card is erroneously counted twice in estimating the total loss attributable to a defendant. Reviewing courts have found such errors to be material only where they bring the amount of loss into a different category for Guidelines purposes, such as from $900,000, which would carry a fourteen-level enhancement under § 2Bl.l(b)(l)(H), to $1.1 million, which would carry a sixteen-level enhancement under § 2Bl.l(b)(l)(I). See, e.g., United States v. Mickens, 453 F.3d 668, 671-72 (6th Cir.2006) (<HOLDING>); United States v. Lee, 427 F.3d 881, 896 (11th Options: A. holding that where defendant objected in the district court only to the loss calculation and not specifically to the calculation of restitution the issue of restitution was not properly presented to the district court B. holding that a calculation of the amount of loss is a factual finding C. holding that the district court failed to comply with rule 32c1 because its oral finding regarding the value of loss resulting from monuss offense was stated in general terms and did not explain how it calculated the amount of loss or respond to the defendants specific factual objections to the methods of calculation included in the psr D. holding that even if one of the governments calculation methods impermissibly counted funds obtained from the same stolen credit card towards both actual and intended loss any error was harmless because an alternate calculation method which was free of any double counting also resulted in a loss amount of between 120000 and 400000 and thus application of the same enhancement E. holding the same

assistant: The best answer is D. holding that even if one of the governments calculation methods impermissibly counted funds obtained from the same stolen credit card towards both actual and intended loss any error was harmless because an alternate calculation method which was free of any double counting also resulted in a loss amount of between 120000 and 400000 and thus application of the same enhancement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement which is adjudicated to be invalid or unenforceable in any jurisdiction or under any circumstance shall be ineffective to the extent of such invalidity or unenforceability only and shall be deemed reformed so as to continue to apply to the maximum extent and to provide the maximum indemnification permissible under the applicable law of such jurisdiction. Any such adjudication shall not invalidate or render unenforceable the remaining provisions hereof and shall not invalidate or render unenforceable such provision in any other jurisdiction or under any other circumstances.

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: Ashland and each of its Subsidiaries have filed all Federal, State and other Tax returns and reports required to be filed, and have paid all Federal, State and other Taxes, assessments, fees and other governmental charges levied or imposed upon them or their properties, income or assets otherwise due and payable, except those which are being contested in good faith by appropriate proceedings diligently conducted, which suspend enforcement or collection of the claim in question and for which adequate reserves have been provided in accordance with GAAP, except, where the failure to do so would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect. There are no proposed Tax assessments or other Tax claims against Ashland or any Subsidiary that would, if made, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Except as set forth on Schedule 5.11 , neither any Loan Party nor any Domestic Subsidiary thereof is party to any tax sharing agreement, the primary subject of which is Tax, other than any tax sharing arrangements solely among the Loan Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Shareholder has all necessary power and authority to execute and deliver this Agreement, to perform Shareholder’s obligations hereunder and to consummate the transactions contemplated hereby. In the event that any of Shareholder’s Covered Shares are held by a Person that is not an individual, the execution, delivery and performance by such Person of this Agreement, the performance by such Person of its obligations hereunder and the consummation by such Person of the transactions contemplated hereby have been duly and validly authorized by such Person and no other actions or proceedings on the part of such Person are necessary to authorize the execution and delivery by it of this Agreement, the performance by such Person of its obligations hereunder or the consummation by such Person of the transactions contemplated hereby. This Agreement has been duly authorized and validly executed and delivered by Shareholder, and, assuming due authorization, execution and delivery by Parent and Buyer, constitutes a legal, valid and binding obligation of Shareholder, enforceable against Shareholder in accordance with its terms subject to the effect of any applicable bankruptcy, insolvency (including, without limitation, all applicable Laws relating to fraudulent transfers), reorganization, moratorium or similar Laws affecting creditors’ rights generally and subject to the effect of general principles of equity (regardless of whether considered in a proceeding at law or in equity). If Shareholder is married, and any of the Company Securities constitute community property or otherwise need spousal or other approval for this Agreement to constitute a legal, valid and binding obligation, a spousal consent substantially in the form attached hereto as Exhibit B has been duly authorized, validly executed and delivered by, and constitutes the legal, valid and binding obligation of, Shareholder’s spouse, enforceable in accordance with its terms subject to the effect of any applicable bankruptcy, insolvency (including, without limitation, all applicable Laws relating to fraudulent transfers), reorganization, moratorium or similar Laws affecting creditors’ rights generally and subject to the effect of general principles of equity (regardless of whether considered in a proceeding at law or in equity).

assistant: Authority
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: VNR shall provide draft copies of all “first day” motions and “second day” motions that any Debtor intends to file with the Bankruptcy Court to counsel for the Restructuring Support Parties at least three (3) business days (or as soon thereafter as is reasonably practicable under the circumstances) prior to the date when such Debtor intends to file such document, and shall consult in good faith with such counsel regarding the form and substance of any such proposed filing with the Bankruptcy Court. The Debtors will use reasonable efforts to provide draft copies of all other material pleadings any Debtor intends to file with the Bankruptcy Court to counsel to the Restructuring Support Parties at least two (2) business days prior to filing such pleading and shall consult in good faith with such counsel regarding the form and substance of any such proposed pleading. For the avoidance of doubt, the Parties agree to negotiate in good faith the Definitive Documentation that is subject to negotiation and completion, consistent with the last sentence of Section 3 hereof and the Plan Term Sheet.

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: ruling that TDPRS could call her as a witness. Even assuming TDPRS had violated the Rule, the trial court still had discretion to allow her testimony after considering all the circumstances. See Drilex Sys., Inc., 1 S.W.3d at 117 (stating that if the Rule is violated, the trial court may, taking into consideration all of the circumstances, allow the testimony of the potential witness). Also, Kristin fails to demonstrate how admission of Wheeler’s testimony probably resulted in an improper judgment. In fact, the record reflects sufficient evidence beyond Wheeler’s testimony on which the jury could have concluded that termination of Kristin’s parental rights was in the best interest of K.M.B. See Garza v. Cole, 753 S.W.2d 245, 247 (Tex.App.— Houston [14th Dist.] 1987, writ ref d n.r.e.) (<HOLDING>). We therefore conclude that the trial court Options: A. holding that trial court did not abuse its discretion by determining expert witness was qualified to testify B. holding that the district court did not abuse its discretion in excluding hearsay evidence and evidence that violated the best evidence rule in deciding a summary judgment motion C. holding that trial court did not err in ruling on appellees motion for summary judgment before appellees complied with appellants discovery request when the record reflected that appellant filed a motion to compel three days before the hearing and the record did not reveal any effort on the part of appellant to secure a ruling from the trial court on its motion to compel or object at the trial court hearing the motion for summary judgment prior to ruling on the motion to compel D. holding that the trial court did not abuse its discretion by letting a video technician who violated the rule testify when the record reflected sufficient evidence on which the jury could have found for appellees E. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge

assistant: The best answer is D. holding that the trial court did not abuse its discretion by letting a video technician who violated the rule testify when the record reflected sufficient evidence on which the jury could have found for appellees
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: that the Board was likewise in privity with Linda Reed with respect to the issues decided on the merits in the general district court. Colonial contends the Board “acted like a party” in that proceeding because an employee of the Board testified as a witness on behalf of Linda Reed and counsel to the Board sent a letter to the clerk of the general district court requesting that she apprise the judge of the pending case in circuit court. We disagree with this reasoning. The Board in exercising its regulatory authority did not share the rights or remedies available to the Reeds. That fact did not change merely because a Board employee testified as a witness and its counsel corresponded with the court. See Unemployment Comp. Comm’n v. Harvey, 179 Va. 202, 210, 18 S.E.2d 390, 393-94 (1942) (<HOLDING>). It remains to be decided whether the doctrine Options: A. holding that a claimants failure to list an impairment either in her application for disability benefits or through her testimony disposes of the claim because the alj was under no obligation to investigate a claim not presented at the time of the application for benefits and not offered at the hearing as a basis for disability B. holding that an employers interest in presence at and participation in a hearing on her former employees claim for unemployment benefits did not render the employer a party to that proceeding C. holding 1001 prosecution for false statements in unemployment benefits not precluded by unemployment benefits statute specifically addressing topic D. holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under 510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination E. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits

assistant: The best answer is B. holding that an employers interest in presence at and participation in a hearing on her former employees claim for unemployment benefits did not render the employer a party to that proceeding
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: some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction 's law is applicable to you and these terms of use .

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: that the insured consciously desires the result of his or her act and the term ‘expect’ requires that the insured knows with substantial certainty that l 130 (Ind. Ct. App. 2000) (“An injury is expected if the insured was consciously aware that the injury was practically certain to occur.”); James Graham Brown Foundation, Inc. v. St. Paul Fire & Marine Ins. Co., 814 S.W.2d 273, 278 (Ky. 1991) (“The ‘expected or intended’ exception is inapplicable unless the insured specifically and subjectively intends the injury giving rise to the claim.”); Great American Ins. Co. v. Gaspard, 608 So. 2d 981, 985 (La. 1992) (noting that “[t]he subjective intent of the insured . . . will determine whether an act is intentional”); Maine Mut. Fire Ins. Co. v. Gervais, 1998 ME 197, ¶ 11, 715 A.2d 938 (<HOLDING>) (quotations omitted); Auto-Owners Ins. Co. v. Options: A. holding that the policy language expected or intended by an insured person is unambiguous and requires a subjective intent on behalf of the insured B. holding that the exclusion is triggered when the insured subjectively expects or intends that bodily injury will occur C. holding that where policies exclude coverage for injuries that are intended or expected the exclusion is applicable if the insured acts with the intent or expectation that bodily injury will result even though the bodily injury that does result is different either in character or magnitude from the injury that was intended D. holding that the inclusion of the phrase by the insured indicates that its application is triggered when the insured subjectively expects or intends that bodily injury will occur and not merely when an ordinary reasonable person would be able to foresee injury occurring as a result of his acts E. holding that the standard policy exclusion of injuries expected or intended by the insured refers only to bodily injury that the insured in fact subjectively wanted intended to be a result of his conduct or in fact subjectively foresaw as practically certain expected to be a result of his conduct

assistant: The best answer is E. holding that the standard policy exclusion of injuries expected or intended by the insured refers only to bodily injury that the insured in fact subjectively wanted intended to be a result of his conduct or in fact subjectively foresaw as practically certain expected to be a result of his conduct
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: may proceed in any lawful manner not inconsistent with these rules, or any applicable statute, and may apply the Federal Rules of Criminal Procedure or the Federal Rules of Civil Procedure, whichever it deems most appropriate, to motions filed under these rules.” Section 2255 Rule 12. The issue presented to the court has been determined by both the Seventh and Second Circuit Courts of Appeal. There being no rules in the Federal Rules of Criminal Procedure which apply to this issue, the Court of Appeals for the Seventh Circuit found that “district courts should apply Rule 59(e) [of the Federal Rules of Civil Procedure] to motions to reconsider section 2255 orders.” United States v. Gargano, 826 F.2d 610, 611 (7th Cir.1987); see also United States v. Clark, 984 F.2d 31, 32 (2nd Cir.1993) (<HOLDING>); United States v. Ginsburg, 705 F.Supp. 1310, Options: A. holding that a motion to reconsider a section 2255 ruling is available and that it is to be treated asa rule 59e motion if filed within 10 days of entry of the challenged order B. holding that a motion to reconsider filed after the entry of final judgment must be considered a motion to correct error C. recognizing that rule 59e permits a district court to reconsider and amend a previous order D. holding that rule 60b is necessarily applicable if the motion to reconsider is filed more than ten days after the order disallowing the claim even if the motion is couched as one under section 502j and even though the objection to the claim was not litigated E. holding that rule 59e applies to a motion to reconsider

assistant: The best answer is A. holding that a motion to reconsider a section 2255 ruling is available and that it is to be treated asa rule 59e motion if filed within 10 days of entry of the challenged 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 legal provision and list the applicable contract clause categories. Provision: As a condition to the grant of this Award, you agree to repatriate all payments attributable to the Shares and/or cash acquired under the Plan (including, but not limited to, dividends, dividend equivalents and any proceeds derived from the sale of the Shares acquired pursuant to the Performance Units ) if required by and in accordance with local foreign exchange rules and regulations in your country of residence (and country of employment, if different). In addition, you also agree to take any and all actions, and consent to any and all actions taken by the Company, your Employer and the Company's Affiliates , as may be required to allow the Company, your Employer and the Company's Affiliates to comply with local laws, rules and regulations in your country of residence (and country of employment, if different). Finally, you agree to take any and all actions as may be required to comply with your personal legal and tax obligations under local laws, rules and regulations in your country of residence (and country of employment, if different).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CD because it incorporated the holder’s possession and endorsement of the CD as a precondition to payment. Aside from bearing the “nontransferable” legend, the CD also stated on its face that “It Will Pay To the Order of Michael Brier * * * On Return Of This Certificate Properly Endorsed.” (Emphasis added.) By incorporating possession and endorsement of the CD as a precondition to payment, the bank implicitly acknowledged that the CD was indeed transferable. See First National Bank in Grand Prairie v. Lone Star Life Insurance Co., 524 S.W.2d 525, 530 (Tex.Civ.App.1975). Otherwise, why would the bank have required Brier to return and endorse the CD upon seeking payment? “Such presentation is necessary for the bank’s protection because lack of possession wou 374 So.2d 6, 10 (Fla.1979) (<HOLDING>). Therefore, because the CD was an instrument Options: A. holding that it may be decided as a matter of law B. holding as matter of law that nontransferable cds were article 9 instruments C. holding that the defendant did not establish good faith as a matter of law D. holding as matter of law that cds containing restrictions on transfers were nonetheless article 9 instruments E. holding blank transfers of real property are impermissible under massachusetts law

assistant: The best answer is D. holding as matter of law that cds containing restrictions on transfers were nonetheless article 9 instruments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of U.S.$3,500; provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent (1) an Administrative Questionnaire and (2) any documentation required by Section 3.01(e) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Marshall, 173 F.3d at 1316. The government also produced “substantial circumstantial evidence” far more convincing than that found in the case before us; “the defendants had large sums of cash (including the recorded bills used by [the informant in conducting the drug transaction]) and lived in a trailer filled with items used in crack production.” Id. Although we noted that the government informant’s “testimony, if believed, would be more than sufficient to sustain Marshall’s convictions,” id. at 1318 n. 15, we vacated the defendants’ convictions, reasoning that because the chief witness was “an informant of questionable credibility,” id. at 1316, two evidentiary errors could improperly have swayed the jury. See also United States v. Blakey, 14 F.3d 1557, 1561 (11th Cir.1994) (<HOLDING>); United States v. Beale, 921 F.2d 1412, 1425 Options: A. holding that evidence consisting of the testimony of three witnesses who each had motives to lie was not overwhelming and that prosecutorial misconduct therefore was not harmless error B. holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt C. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt D. holding the error harmless in light of the overwhelming evidence of guilt E. holding that the error of allowing unsequestered witnesses to testify in violation of a motion to separate witnesses was harmless error because the state presented overwhelming evidence supporting defendants conviction

assistant: The best answer is A. holding that evidence consisting of the testimony of three witnesses who each had motives to lie was not overwhelming and that prosecutorial misconduct therefore was not harmless error
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of this Agreement, the closing of the Merger (the “ Closing ”) shall take place in New York City at the offices of Wachtell, Lipton, Rosen & Katz, New York, New York on the second Business Day following the satisfaction or, to the extent permitted hereunder, waiver of the conditions set forth in Article 9 (except for any conditions that by their nature can only be satisfied on the Closing Date, but subject to the satisfaction of such conditions or waiver by the Party entitled to waive such conditions), unless another date, time or place is agreed to in writing by Parent and the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted to be given to either Party under this Agreement shall be in writing, delivered personally or by electronic or facsimile transmission provided a confirmation copy is sent by certified or registered mail, or overnight delivery by an established national delivery service, at the Parties’ respective addresses set forth below, as each Party may update its address from time to time in a notice delivered in accordance herewith. All notices shall be deemed effective upon personal delivery or when received if sent by certified or registered mail or by overnight delivery.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective as of the Closing, to the fullest extent permitted by applicable Law, each Seller, on behalf of itself and its Affiliates and any Person that owns any share or other equity interest in or of such Seller (the “ Releasing Persons ”), hereby releases and discharges the Target Companies from and against any and all Actions, obligations, agreements, debts and Liabilities whatsoever, whether known or unknown, both at law and in equity, which such Releasing Person now has, has ever had or may hereafter have against the Target Companies arising on or prior to the Closing Date or on account of or arising out of any matter occurring on or prior to the Closing Date, including any rights to indemnification or reimbursement from a Target Company, whether pursuant to its Organizational Documents, Contract or otherwise, and whether or not relating to claims pending on, or asserted after, the Closing Date. From and after the Closing, each Releasing Person hereby irrevocably covenants to refrain from, directly or indirectly, asserting any Action, or commencing or causing to be commenced, any Action of any kind against the Target Companies or their respective Affiliates, based upon any matter purported to be released hereby. Notwithstanding anything herein to the contrary, the releases and restrictions set forth herein shall not apply to any claims a Releasing Person may have against any party pursuant to the terms and conditions of this Agreement or any Ancillary Document.

assistant: Releases
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: actions combined with the above noted judicial and legislative recognition of this privilege, overcome any impediment caused by the Advisory Committee’s decision to not list this privilege in its draft. See Trammel, 445 U.S. at 47, 100 S.Ct. 906 (noting that Rule 501 did not freeze the law governing privileges but directed the federal courts to “continue the evolutionary development” of privilege law). Conclusion Given the “overwhelming public interest” in providing physicians with a confidential context in which to evaluate the effectiveness of life-saving techniques and procedures, the Court is compelled to recognize the self-critical analysis privilege in the context of morbidity and mortality conferences and will apply it in this ease. See Harris Methodist, 970 F.2d at 101 (<HOLDING>) (citations omitted). Clearly the public good — Options: A. recognizing an overwhelming public interest in promoting improvement in health care through the mechanism of physician peer review B. recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them C. holding that the scope of a government employees first amendment rights depends on the balance between the interests of the employee as a citizen in commenting upon matters of public concern and the interest of the state as an employer in promoting the efficiency of the public services it performs through its employees D. holding that the state privilege should not apply when the peer review records sought directly related to the allegations challenging the peer review process E. recognizing confidentiality essential to function of medical peer review committees and to improvement of health care and protecting the records of such committees from discovery

assistant: The best answer is A. recognizing an overwhelming public interest in promoting improvement in health care through the mechanism of physician peer review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of newly discovered evidence, and that therefore movant faces a “heavy burden”). The BIA’s discretion to deny such a motion is “not unfettered,” however. Zhao, 265 F.3d at 86. We review the BIA’s denial of a motion to remand for consideration of new evidence for abuse of discretion, and will find such abuse if “the Board’s decision provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements; that is to say, where the Board has acted in an arbitrary or capricious manner.” Id. at 93 (internal citations omitted); see also Doherty, 502 U.S. at 323, 112 S.Ct. 719 (stating that review of denial of motion to reopen is for abuse of discretion); Blanco v. INS, 68 F.3d 642, 646-47 (2d Cir.1995) (<HOLDING>). III. Cao’s Motion to Remand Cao fulfilled all Options: A. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint B. holding that bia abused its discretion in denying motion to reopen C. holding that the bia abused its discretion when it denied petitioners motion to reopen by failing to consider evidence of country conditions D. holding that the bia does not err by denying a motion to reopen without an opposition from the government E. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint

assistant: The best answer is B. holding that bia abused its discretion in denying motion to reopen
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: Milligan and served as an intermediary between Koropchak and Milligan. Moreover, despite their apparent discouragement of Milligan’s complaint, Kinsel’s and Koropchak’s responses were otherwise reasonable and effective. Regardless of what he said at his meeting with the Milligans, Kinsel set the investigative machinery in motion before the meeting by referring Milligan’s allegations to Koropchak, the official with disciplinary authority over Meyers. Kinsel also arranged for Milligan to work exclusively in the second floor stockroom, away from Meyers’ office on the first floor. For as ineffective because it did not prevent all contact between him and Meyers. This argument fails because SIU was not required to completely insulate Milligan from Meyers. See Sutherland, 632 F.3d at 995 (<HOLDING>); Roby, 579 F.3d at 786 (same); Berry, 260 F.3d Options: A. holding that even when employee was driving employers vehicle employee was not acting within the scope of his employment absent evidence that he had undertaken a special mission at his employers direction B. holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously C. holding employee had cause of action against city when nonemployee alderman sexually harassed employee D. holding employee had cause of action against her employers when nonemployee harassed her and employers failed to take corrective action E. holding that the employers response was reasonable even where the harassed employee periodically had to work in the harassers general vicinity

assistant: The best answer is E. holding that the employers response was reasonable even where the harassed employee periodically had to work in the harassers general vicinity
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 their reply brief which alluded to this argument. Rule 24 of the Utah Rules of Appellate Procedure clearly states: "Reply briefs shall be limited to answering any new matter set forth in the opposing brief" Utah R.App. P. 24(c) (emphasis added). In addition, Parents failed to brief this argument adequately as required by Rule 24(a)(9) of the Utah Rules of Appellate Procedure. See State v. Thomas, 961 P.2d 299, 305 (Utah 1998) (stating that Rule 24(a)(9) "requires not just bald citation to authority but development of that authority and reasoned analysis based on that authority"). Thus, because Parents first argued this issue in their reply brief and did not adequately brief the issue, we will not address it. Cf Romrell v. Zions First Nat'l Bank, 611 P.2d 392, 395 (Utah 1980) (<HOLDING>). Finally, because Parents appealed only the Options: A. holding that as a general rule an issue raised initially in a reply brief will not be considered on appeal B. recognizing that issues raised in reply brief generally are not considered C. holding that an issue raised for the first time on appeal will not be considered by this court D. holding that issue raised for the first time in reply brief was waived E. holding that an argument raised only in fact section of opening brief and in reply brief is not properly raised

assistant: The best answer is A. holding that as a general rule an issue raised initially in a reply brief will not be considered on 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 legal provision and list the applicable contract clause categories. Provision: All costs and expenses including, without limitation, (i) reasonable attorneys’ fees and disbursements incurred by Lenders (a) in all efforts made to enforce payment of any of the Obligations or effect collection of any Accounts, or (b) in connection with the entering into, modification, amendment, administration and enforcement of this Agreement or the Transaction Documents or any consents or waivers hereunder or thereunder, or (c) in instituting, maintaining, preserving, enforcing and foreclosing on Lenders’ security interest in any of the Accounts, whether through judicial proceedings or otherwise, or (d) in defending or prosecuting any actions or proceedings arising out of or relating to Lenders’ transactions with Debtor and (ii) reasonable fees and disbursements incurred by Lenders in connection with any appraisals of the Accounts, field examinations, collateral analysis or monitoring or other business analysis conducted by outside Persons in connection with this Agreement and the Transaction Documents, shall be part of the Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the job. 26 . See Dickerson v. United States, 280 F.3d 470, 478 (5th Cir.2002); Lebron v. United States, 279 F.3d 321, 332 (5th Cir.2002); Gibbs v. Gibbs, 210 F.3d 491, 506 (5th Cir.2000). Those cases rely entirely on duPont, and they neither discuss the potential impact of Crawford Pitting on duPont nor address the issues raised in today's opinion. 27 . Any doubt concerning that result is removed by the subsequent statement, in W. Va. Univ. Hosp., Inc. v. Casey, 499 U.S. 83, 86, 111 S.Ct. 1138, 113 L.Ed.2d 68 (1991), that in Crawford Fitting the Court "held that [§§ 1920 and 1821] define the full extent of a federal court's power to shift litigation costs absent express statutory authority to go further.” 28 . See also Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir.2002) Options: A. recognizing the supreme courts precept that district courts may decline to tax costs enumerated in 1920 but cannot award costs not enumerated under 1920 citing crawford fitting 482 us at 44245107 sct 2494 B. holding that 1920 does not authorize taxing mediation fees as costs C. holding attorney fees not allowable as costs D. holding private process server fees may be taxed under 1920 E. holding that mediation costs are not compensable

assistant: The best answer is B. holding that 1920 does not authorize taxing mediation fees as costs
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 to the extent that any law of the United States may apply, this Guaranty shall be governed and interpreted according to the laws of New York (the “Governing Law State”), without regard to any choice of law, rules or principles to the contrary. Nothing in this paragraph shall be construed to limit or otherwise affect any rights or remedies of Bank under federal law.

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

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

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement by the Company and the performance of its obligations hereunder have been duly authorized by all necessary corporate action, including by the Compensation Committee of the Company’s Board, and in accordance with all applicable laws. The Company has duly executed and delivered this Agreement.

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: Seller is represented by Seller’s Broker in connection with the transaction contemplated in this Agreement. Except for commissions payable to Seller’s Broker to be paid pursuant to separate agreements, Buyer and Seller each warrant to the other that no fees or commissions are due or owing to any finders or brokers as a result of the respective activities of it in connection with this transaction. In the event of any other claim for brokers’ or finders’ fees or commissions in connection with negotiations between the parties relating to the Property, the negotiation, execution or consummation of this Agreement or the purchase and sale of the Property, then Buyer indemnifies Seller, and shall hold harmless and defend Seller, from and against any claim from any broker or finder representing or engaged by Buyer or any claim based upon the alleged statement, representation or agreement by Buyer relating to broker’s or finders’ fees or commissions. Seller shall indemnify, hold harmless and defend Buyer from and against any claim from any broker or finder representing or engaged by Seller for this transaction. The foregoing indemnities shall survive the Close of Escrow or the termination of this Agreement for any reason.

assistant: Brokers
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, the Change in Control Agreement, the Non-Competition Agreement and the Confidentiality Agreement set forth the entire agreement between Employer and Employee regarding the terms of Employee’s employment and supersede all prior agreements between Employer and Employee covering the terms of Employee’s employment. This Agreement may not be amended or modified except in a written instrument signed by Employer and Employee identifying this Agreement and stating the intention to amend or modify it.

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: Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by any Secured Party may be rescinded by any Secured Party and any of the Obligations continued, and the Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Secured Parties, and the Purchase Agreement and the other Transaction Documents may be amended, modified, supplemented or terminated, in whole or in part, as any Purchaser and/or Agent, as applicable, may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Secured Parties for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Secured Parties shall have no obligation to protect, secure, perfect or insure any Lien at any time held by the Agent for the benefit of the Secured Parties as security for the Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

assistant: Amendments