flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the substantive law’s identification of which facts are critical and which facts are irrelevant that governs.”). The existence of “some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment^]” Id. Therefore, there is no issue for the court to adjudicate unless the nonmoving party puts forth evidence sufficient for a jury to return a verdict for that party; but “if the evidence is merely colorable or is not significantly probative, summary judgment may be granted.” Id. at 249-50, 106 S.Ct. 2505 (citations omitted). The burden of demonstrating the absence of any genuine issue of material fact is on the party moving for summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (<HOLDING>); see also Riley & Ephriam Constr. Co., Inc., Options: A. recognizing that even where a party has the burden of proof at trial that party need not produce proof supporting his claim in response to a motion for summary judgment unless the movant has first presented evidence that would negate an element of the nonmovants claim or indicates that the nonmovant will be unable to meet his burden at trial it is never enough simply to state that the nonmoving party cannot meet its burden at trial B. holding the moving party must meet its burden by showing that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case C. holding that once the moving party meets its burden the nonmoving party is obliged to produce evidence in response D. holding due to the moving partys failure to meet its initial burden the onus never passed to the nonmoving party to set forth specific facts showing that there is a genuine issue for trial citation omitted E. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case

assistant: The best answer is B. holding the moving party must meet its burden by showing that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case
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: 9 .See O'Lone v. Estate of Shabazz, 482 U.S. 342, 349, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987) (citing Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987)); Shaheed v. Winston, 885 F.Supp. 861, 869 (E.D.Va.1995) (plaintiffs must provide evidence that a "discriminatory purpose” was a motivating factor in the defendants' actions); cf. Personnel Adm'r of Mass. v. Feeney, 442 U.S. 256, 279, 99 S.Ct. 2282, 60 L.Ed.2d 870 (1979) (stating that discriminatory purpose "implies that the decisionmaker ... selected or reaffirmed a particular course of action at least in part 'because of,’ not merely 'in spite of,’ its adverse effects upon an identifiable group”); Village of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 266-67, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977) (<HOLDING>). 10 . In Islam, Ramadan is the ninth month of Options: A. holding that determining legislative intent is a question of law B. holding that the historical background of the decision particularly if it reveals a series of official actions taken for invidious purposes is significant in determining discriminatory intent C. holding that circumstantial evidence alone may establish discriminatory intent D. recognizing the importance of historical analysis in determining whether legislation is punitive E. recognizing that the mcdonnell douglas framework is less useful in the context of an alleged discriminatory disciplinary decision than in the context of an alleged discriminatory hiring decision

assistant: The best answer is B. holding that the historical background of the decision particularly if it reveals a series of official actions taken for invidious purposes is significant in determining discriminatory intent
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 for filings, authorizations, consents and approvals as may be required under the Securities Act of 1933, as amended (the " Securities Act ") and the Securities Exchange Act of 1934, as amended , (i) no filing with, and no permit, authorization, consent or approval of, any state or federal governmental authority, or any other person or entity, is necessary for the execution of this Agreement by Shareholder and the consummation by Shareholder of the transactions contemplated hereby, and (ii) neither the execution and delivery of this Agreement by Shareholder, the consummation by Shareholder of the transactions contemplated hereby, or compliance by Shareholder with any of the provisions hereof will (A) result in a violation or breach of, or constitute a default (or give rise to any third party right of termination, cancellation, material modification or acceleration) under any of the terms, conditions or provisions of any note, loan agreement, bond, mortgage, indenture, license, contract, commitment, arrangement, understanding, agreement or other instrument or obligation of any kind to which Shareholder is a party or by which Shareholder or any of its properties or assets may be bound, or (B) violate any order, writ, injunction, decree, judgment, statute, role or regulation applicable to such Shareholder or any of his properties or assets.

assistant: No Conflicts
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 terms and conditions of this Agreement, the Seller shall sell to the Purchaser and the Purchaser shall purchase from the Seller the Sale Shares, free and clear of any and all liens, charges, security interests, pledges, encumbrances, claims and demands whatsoever.

assistant: Sales
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: arises that her injury "arose out of" employment. Because The Oaks presented no evidence that the injury was the result of idiopathic causes, it has not rebutted this presumption. On this iss 2001) (expressly adopting the positional-risk doctrine); Johnson v. Publix Supermarkets, 256 Ga.App. 540, 568 S.E.2d 827, 829 (2002) (same), cert. denied; Mayo v. Safeway Stores, Inc., 93 Idaho 161, 457 P.2d 400, 402 (1969) (same); Hayes v. Gibson Hart Co., 789 S.W.2d 775, 777 (Ky.1990) (documenting "a long line of Kentucky cases" recognizing the positional risk doctrine); Mulready v. Univ. Research Corp., 360 Md. 51, 756 A.2d 575, 583 (2000) (observing that the rule adopted by the Court is "substantially" the positional risk test); Stanley Baran's Case, 336 Mass. 342, 145 N.E.2d 726, 727 (1957) (<HOLDING>); Whetro v. Awkerman, 383 Mich. 235, 174 N.W.2d Options: A. holding that additional consideration is a factor in determining whether there is an implied contract of employment B. holding that in determining whether an accident arose out of employment the issue is whether the employees employment brought him in contact with the risk that in fact caused his injuries C. holding that where an employee is fatally injured in an unexplained assault there is a rebuttable presumption that the employees death arose out of the employment D. holding that it is the claimants burden to show that the injury was the result of an accident that not only arose in the course of the employment but that it also grew out of or resulted from the employment E. holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment

assistant: The best answer is B. holding that in determining whether an accident arose out of employment the issue is whether the employees employment brought him in contact with the risk that in fact caused his injuries
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: any direct , indirect , special , incidental , consequential or exemplary damages , under any theory of liability , including but not limited to contract , tort ( including negligence ) , damages for loss of data , profits and goodwill , arising out of the use , misuse or inability to use the service , or by any form of malware , whether or not the company was or should have been aware or advised of the possibility of such damages ;

assistant: Limitation of liability
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 in Schedule 5.10 and except as could not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, the Borrower and its Subsidiaries have filed all Federal and state income tax returns and all other material tax returns and reports required to be filed, and have paid all material Federal and 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 (a) which are not overdue by more than thirty (30) days or (b) which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP.

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: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (i) the date of transmission, if such notice or communication is delivered via email or facsimile at the email address or facsimile number set forth on the signature pages attached hereto at or prior to 12:00 p.m. (New York City time) on a Trading Day; (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 12:00 p.m. (New York City time) on any Trading Day; (iii) the second (2 nd ) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service; or (iv) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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: Buyer acknowledges and agrees that the Confidentiality Agreement remains in full force and effect and, in addition, covenants and agrees to keep confidential, in accordance with the provisions of the Confidentiality Agreement, information provided to Buyer pursuant to this Agreement. If this Agreement is, for any reason, terminated prior to the Closing, the Confidentiality Agreement and the provisions of this Section 5.4 shall nonetheless continue in full force and effect. Notwithstanding the foregoing provisions of this Section 5.4 , the parties hereto agree and acknowledge that (a) this Agreement and any and all schedules , exhibits and other ancillary documents may be disclosed to third parties and filed with the Bankruptcy Court in connection with the Chapter 11 Cases and Sellers’ efforts to obtain entry of the Sale Order by the Bankruptcy Court and (b) such provisions shall not be construed to prohibit or restrict any party hereto or its Affiliates from making disclosures required by, or in connection with, applicable Laws or stock exchange requirements, rules or regulations.

assistant: Confidentiality
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 benefits, ineligibility for promotional opportunities, or more formal discipline”). Defendant’s placement of Plaintiff on the County’s Performance Improvement Plan more closely constitutes an adverse employment action. Plaintiff alleges that the “P.I.P. is a tool, which is a step toward dismissal, demotion, suspension, etc.” (Dkt.36-2, p. 22) Defendant placed Plaintiff on the PIP based on its conclusion that Plaintiff was not receptive to counseling regarding her performance. (Dkt. 25, Papin Aff. ¶ 4; Dkt. 27, Balzer Aff. ¶ 3). As a result of her placement on PIP, Plaintiff alleges she was given additional assignments and reporting requirements and increased supervision, although she does not develop the record in this regard. (Dkt.36-2, pp. 22, 43) See Smith, 509 F.Supp.2d at 1203 (<HOLDING>). Plaintiffs “reassignment to Building 41,” Options: A. holding that deprivation of increased compensation as the result of a failure to train constitutes an adverse employment action B. holding that an employers requirement that an employee comply with a performance improvement plan or face disciplinary action did not constitute adverse employment action C. holding that reduction in workload is an adverse employment action D. holding that change in employment assignment that inter alia increased onthejob commuting time was not an adverse employment action E. holding that plaintiffs placement on a performance improvement plan was an adverse employment action because it resulted in increased workload increased reporting requirements increased supervision and tempo rarity prevented plaintiff from receiving pay raises or bonuses

assistant: The best answer is E. holding that plaintiffs placement on a performance improvement plan was an adverse employment action because it resulted in increased workload increased reporting requirements increased supervision and tempo rarity prevented plaintiff from receiving pay raises or bonuses
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: by section 50.2 and refusal to take the test calls forth all the consequences of section 50.4 in any event. The purpose of section 50.4 must, then, extend beyond this.” 209 N.J.Super. at 488 (Fritz, P.J. A.D., dissenting). We note also that if actual operation is deemed necessary for a refusal conviction, the nature of a refusal hearing will be distorted. A breathalyzer refusal hearing has always been treated as a civil matter; the standard of proof in such a proceeding is a preponderance of evidence. N.J.S.A. 39:4-50.-4a. The Wright majority, however, has elevated this by requiring “actual operation,” which must be proved beyond a reasonable doubt, a standard that is traditionally associated with criminal and quasi-criminal case. See State v. Grant, supra, 196 N.J.Super. at 481 (<HOLDING>). Such a result will have the unwelcome effect Options: A. holding that the standard of proof in revocation proceedings is a preponderance of the evidence B. holding that the government must prove the facts used in sentencing by a preponderance of the evidence C. holding that the proper standard of proof is preponderance of the evidence D. holding that the standard of proof for dischargeability actions is the preponderance of the evidence standard E. recognizing the anomaly of requiring the state to prove a second drunk driving conviction beyond a reasonable doubt in the context of a refusal hearing where the preponderance of the evidence standard was applicable

assistant: The best answer is E. recognizing the anomaly of requiring the state to prove a second drunk driving conviction beyond a reasonable doubt in the context of a refusal hearing where the preponderance of the evidence standard was applicable
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: 2.1 you must be at least 18 years old and able to enter into legally binding contracts to access and use the airbnb platform or register an airbnb account .

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: to establish personal jurisdiction” on the basis of Wendt. In Acquadro, a defamation claim was brought against the nonresident defendant based upon a telephone call from Massachusetts to the plaintiff, the plaintiffs sister, and another third party in Florida in which the defendant stated that the plaintiff “had AIDS.” Id. at 668. The Court noted in a footnote that although the record was not completely clear, it appeared that the telephone call was a conference call in which the third party called the defendant in Massachusetts, and they proceeded to call the defendant in Florida. Id. at 668 n. 7. Other courts, both state and federal, applying Florida law have also held that communications made during a telephone call between a person in Florida and an 65 (Fla. 5th DCA 2003) (<HOLDING>). In a case on a similar topic but with Options: A. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage B. holding that nonresident defendants failure to make payments in florida coupled with forum selection clause sufficient for court to exercise personal jurisdiction over nonresident defendant C. holding that nonresident limited partners did not have the necessary minimum contacts to sustain personal jurisdiction in florida although partnerships purpose was to develop property in florida D. holding that a nonresident defendant who called plaintiff in florida and allegedly made misrepresentations during the conversation satisfied 481931b E. holding that alleged fraudulent statements by the defendants that occurred during a telephone call initiated by the plaintiff satisfied section 481931b citing wendt 822 so2d at 1260

assistant: The best answer is D. holding that a nonresident defendant who called plaintiff in florida and allegedly made misrepresentations during the conversation satisfied 481931b
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 invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision. Without limiting the generality of the foregoing, this Agreement is intended to confer upon Indemnitee indemnification rights to the fullest extent permitted by applicable laws. In the event any provision of this Agreement conflicts with any applicable law, such provision shall be deemed modified, consistent with the aforementioned intent, to the extent necessary to resolve such conflict.

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 case excerpt and choose the best holding from the options. Case excerpt: office away from Mr. Sorenson should be sufficient to defeat TCC’s SJ Motion on Harris’s sexual harassment claims. PI. ’s Response, at 15, Dkt. 22. As TCC points out, Harris’s complaint does not allege a hostile environment claim. Instead, in her complaint, she alleges that she was treated differently than other employees due to her gender. Compl. at 19, Dkt. 1. Harris’s complaint thus contains a discrimination claim based on disparate treatment only, which is clearly distinct from a hostile environment claim. See Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 68, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). A plaintiff may not raise additional claims for the first time through an opposition to summary judgment brief. Gilmour v. Gates, McDonald and Co., 382 F.3d 1312, 1314 (11th Cir.2004); (<HOLDING>); Shanahan v. City of Chicago, 82 F.3d 776, 781 Options: A. holding issues raised for the first time in a reply brief are not properly before this court B. holding that issues not raised before the district court cannot be raised for the first time before this court C. holding that arguments not raised in opposition to a motion for summary judgment are waived D. holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court E. holding that an argument raised for the first time in response to defendants motion to dismiss instead of in an amended complaint was not properly raised before the district court and would not be considered on appeal

assistant: The best answer is D. holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court
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 New Lenders shall have received the Form 10-K for the Borrower filed for the fiscal year ended December 31, 2016 and the Form 10-Q of the Borrower filed for the fiscal quarter ended March 31, 2017 (which financial statements shall be deemed delivered when filed with the SEC).

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: Except as may be otherwise provided by the Plan or determined by the Administrator, any written notices provided for in this Agreement or the Plan shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by fax or overnight courier, or by postage paid first class mail. Notices sent by mail shall be deemed received three business days after mailed but in no event later than the date of actual receipt. Notices shall be directed, if to the Participant, at the Participant’s address indicated on Schedule A (or such other address as may be designated by the Participant in a manner acceptable to the Administrator), or, if to the Company, at the Company’s principal office, attention Chief Executive Officer, Akoustis Technologies, Inc. Notice may also be provided by electronic submission, if and to the extent permitted by the Administrator.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: included the following: Base Offense Level for 1.6 Kilograms of 38 Cocaine Base Firearms +2 Organizer Roll +4 Adjustment for Acceptance of Responsibility -3 Total Offense Level 41 At this offense level, the district court possessed the discretion to sentence McKnight to 360 months, taking into consideration his guilty plea and zero criminal history points (category I). However, at sentencing the government sought a two-point enhancement for obstruction of justice based upon McKnight’s alleged attempt to convince a co-defendant to withdraw his guilty plea. This particular claim was not included voluntarily pleaded guilty to the charge, and that he failed to show a “fair and just” reason for withdrawal of his guilty plea. See United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994) (<HOLDING>). McKnight next claims that the plea agreement Options: A. holding that a criminal defendant must provide a fair and just reason to support withdrawal of his guilty plea even when that plea has not yet been accepted by the district court B. holding that in passing 21 usc 846 congress left the common law burden of proving the affirmative defense of withdrawal on the defendant rather than requiring the government to prove nonexistence of withdrawal C. holding that defendant was responsible for the delay from the withdrawal of his guilty plea D. holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea E. holding that the government was not responsible for delay from withdrawal of guilty plea

assistant: The best answer is D. holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea
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: During the Employment Term, the Company shall pay Executive a base salary (the “ Base Salary ”) at the annual rate of US $1,500,000 payable in arrears, in accordance with the usual payment practices of the Company. Salary shall be inclusive of any sums receivable (and shall abate by any sums received) by the Executive as director’s fees from the Company or any other Group Company, or otherwise arising from any office, held by the Executive by virtue of his employment under this Agreement. Executive’s Base Salary shall be subject to periodic review by the Board, not less frequently than annually, for possible increase and any such increased rate will thereafter be the Base Salary for all purposes of this Agreement. Under no circumstances may the Base Salary be decreased during the Employment Term.

assistant: Base Salary
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 of the Closing Date, the Borrower has no Subsidiaries other than those specifically disclosed in Schedule 5.13 , and as of the Closing Date all of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid and non-assessable (in each case, to the extent such concept is applicable under applicable law) and are owned by the Borrower or such Subsidiary in the amounts specified on Schedule 5.13 free and clear of all Liens except those created under the Collateral Documents and Permitted Liens.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to use the latter route to circumvent Congress’s apparent intent in enacting the AEDPA to bar all review of such decisions. Blair-Bey v. Quick, 151 F.3d 1036, 1046 (D.C.Cir.1998). In 1997, the Ninth Circuit held that the new restrictions on successive petitions do not prevent a petitioner from bringing a § 2241 claim after he has already brought a § 2255 claim. See United States v. Lorentsen, 106 F.3d 278 (9th Cir.1997). Furthermore, in 1998, the Second Circuit held that a § 2255 petition that followed a § 2241 petition was not barred. See Corrao v. United States, 152 F.3d 188, 191 (2d Cir.1998), citing Chambers v. United States, 106 F.3d 472, 474 (2d Cir.1 the execution of a sentence are properly raised in a § 2241 petition”); United States v. Miller, 871 F.2d 488, 489 (4th Cir.1989) (<HOLDING>); Corrao, 152 F.3d at 191 (“a motion under § Options: A. holding that subject matter jurisdiction under 2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution B. holding that a petition under 2241 attacks the execution of a sen tence while a 2255 petition attacks the validity of a judgment and sentence C. holding that an attack on the computation and execution of a sentence must come in the form of a 2241 petition D. holding that 2255 is unavailable to attack execution of sentence E. holding that it is well settled in this jurisdiction and elsewhere that 2255 will lie only to attack the imposition of a sentence and that an attack on the execution thereof may be accomplished only by way of habeas corpus in the district of confinement

assistant: The best answer is C. holding that an attack on the computation and execution of a sentence must come in the form of a 2241 petition
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: Executive shall not disparage the Company, its agents or employees in any manner during or following Executive’s employment with the Company. Executive shall not publish, communicate, post or blog disparaging or confidential information about the Company.

assistant: Non-Disparagement
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: his laborers and materialmen, would have become entitled to the fund; and that the surety, having paid the laborers and material-men, is entitled to the benefit of all these rights to the extent necessary to reimburse it. Id. at 141, 83 S.Ct. 232. In recognition of the surety’s right to the funds, the Court awarded those funds directly to the surety, bypassing the bankruptcy estate. Id. at 141-42, 83 S.Ct. 232. The right of a surety like that in Pearlman — who has fully paid all subcontractors — to retained funds is greater than that of an unpaid subcontractor, like OTS, because the surety combines the subcontractor’s interest in the funds with those of the Government and the general contractor. See id. at r of Bruns Coal Co., Inc.), 9 Ohio Misc. 61, 362 F.2d 486, 491 (4th Cir.1966) (<HOLDING>). Some of these cases, however, do involve an Options: A. holding that sureties that had paid materialmen of bankrupt contractor had no subrogation rights to any funds in excess of amounts paid to material men B. holding that appellants had no standing to challenge search of car because they had no ownership or possessory rights of any kind in the car C. holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it D. recognizing in both cases that its subrogation rights were ineffectual because the lender had not preserved its rights to a deficiency judgment against the veteran E. holding that subrogation rights are not security interests under ucc article 9

assistant: The best answer is A. holding that sureties that had paid materialmen of bankrupt contractor had no subrogation rights to any funds in excess of amounts paid to material men
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes any and all other oral or written agreements heretofore made relating to the subject matter hereof (including, without limitation, the Prior Agreement) other than the Change of Control Agreement (but only in the event of a Change of Control) and the December 22, 2010 Noncompetition, Nonsolicitation and Confidentiality Agreement, and constitutes the entire agreement of the parties relating 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: CURIAM. Myron Jefferson entered a guilty plea to violating 18 U.S.C. § 922(g) after the district court denied his motion to suppress evidence. Jefferson now seeks to appeal the denial of the motion to suppress, contending that his was a conditional guilty plea in accordance with Fed.R.Crim.P. 11(a)(2). The government counters that Jefferson waived his right to appellate review by failing to comply with the dictates of the rule — preserving in writing the specific issue to be appealed. We agree with the government. This court strictly enforces the requirement that the conditional plea be in writing. United States v. Herrera, 265 F.3d 349, 351-52 (6th Cir.2001) (<HOLDING>). Jefferson relies on the written “Minutes” Options: A. holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control B. holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional C. holding that a counsels oral statements at a plea hearing that the plea being entered was conditional did not satisfy the rule 11 writing requirement D. recognizing a presumption that a plea of guilty is final and binding if the plea was made during a properly conducted hearing pursuant to rule 11 of the federal rules of criminal procedure E. recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea

assistant: The best answer is C. holding that a counsels oral statements at a plea hearing that the plea being entered was conditional did not satisfy the rule 11 writing requirement
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: suffer a recurrence. Because the jury found that Dr. Tama had not breached any duty of care owed to Mrs. Campo, the dámages that she might recover if the jury had found otherwise are irrelevant. We also find harmless the trial court’s instructions that plaintiffs could maintain a second action if Mrs. Campo’s cancer were to recur. Plaintiffs argue that the erroneous instruction left the jury with the impression that plaintiff could relitigate Dr. Tama’s liability. They assert that if the jury believed that plaintiffs could recover in the future, it might have been less willing to find Dr. Tama negligent, on the assumption that if the cancer were, to recur, a jury at that time could reconsider Dr. Tama’s liability. See Joy v. Barget, 215 N.J.Super. 268, 272, 521 A.2d 906 (App.Div. 1987) (<HOLDING>); La Rocca v. Ench, 35 N.J.Super. 53, 56, 113 Options: A. holding so where the plaintiff alleged that the defendant had colluded to claim falsely that the plaintiffs physician had informed the claims adjuster that the plaintiff had been released to work and where the plaintiff was later discharged from employment and denied workers compensation benefits B. holding that workers compensation is the exclusive remedy as a matter of substantive law and hence whenever it appears from the plaintiffs pleadings bill of particulars or the facts that the plaintiff was an employee of the defendant the obligation of alleging and proving noncoverage or applicability of workers compensation benefits falls on the plaintiff the court continued stating that waiver may be accomplished by ignoring the issue to the point of final disposition C. holding that suggestion plaintiff had recourse to workers compensation may have deflected the jury from appropriate consideration of the issues before it D. 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 E. holding that under the doctrine the district court should have stayed the diversityjurisdiction case pending the state workers compensation commissions final decision on whether the defendant properly paid certain workers compensation claims

assistant: The best answer is C. holding that suggestion plaintiff had recourse to workers compensation may have deflected the jury from appropriate consideration of the issues before it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an injunction ordering issuance of a permit is a proper remedy for a violation of the sitting provisions of the facilities sitting subsection of the TCA); New York SMSA, L.P. v. Town of Clarkstown, 99 F.Supp.2d 381, 389-90 (S.D.N.Y.2000) (recognizing an injunction is the proper remedy for a violation of the sitting provisions of the facilities sitting subsection of the TCA, but declining to grant an injunction on the facts of the case); Group EMF, Inc. v. Coweta County, 50 F.Supp.2d. 1338, 1350-51 (N.D.Ga.1999) (granting mandamus relief to plaintiff by ordering board of commissioners to grant a permit and concluding remand would frustrate intent of TCA to provide relief on an expedited basis); 360 Communications Co. v. Bd. of Supervisors, 50 F.Supp.2d 551, 564 (W.D.Va.1999) (<HOLDING>); Iowa Wireless Servs., L.P. v. City of Moline, Options: A. holding enforcement of the tcas substantive provisions through 1983 would distort the scheme of expedited judicial review and limited remedies created by the tcas remedial provisions after identifying the express private remedy in the tca 332c7 the court concluded that congress did not intend this remedy to coexist with an alternative remedy available in a 1983 action B. holding that an injunction is an extraordinary remedy C. holding injunctive relief ordering issuance of a permit is the remedy that best serves the tcas goal of expediting resolution of actions and granting such an injunction D. holding that trial court did not abuse its discretion by granting such a temporary injunction E. recognizing a permanent injunction as a means of ordering specific performance

assistant: The best answer is C. holding injunctive relief ordering issuance of a permit is the remedy that best serves the tcas goal of expediting resolution of actions and granting such an injunction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower is a limited liability company duly formed, validly existing and in good standing under the laws of the jurisdiction of its formation, has all powers and all material governmental business authorizations, consents and approvals required to carry on its business as now conducted and is duly qualified as a foreign limited liability company, licensed and in good standing in each jurisdiction where qualification or licensing is required by the nature of its business or the character and location of its property, business or customers and in which the failure to so qualify or be licensed or in good standing, as the case may be, in the aggregate, could have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: certain provisions are met. Fla. Stat. § 624.155 (1999). Before the adoption of section 624.155, Florida courts refused to recognize a cause of action by an insured against his insurer alleging the insurer, in bad faith, refused to settle his claim; i.e., a “first party” bad faith cause of action. Opperman v. Nationwide Mut. Fire Ins. Co., 515 So.2d 263, 265-67 (Fla.Dist.Ct.App.1987). While “first party” bad faith claims were not permitted, if an insured could allege an independent tort, such as fraud or intentional infliction of emotional distress, he could proceed against the insurer on those claims and receive punitive damages. Greene v. Well Care HMO, Inc., 778 So.2d 1037, 1042 (Fla.Dist.Ct.App.2001); see also Griffith v. Shamrock Village, Inc., 94 So.2d 854, 858 (Fla.1957) (<HOLDING>). GEICO essentially argued during its motion Options: A. holding that while punitive damages are normally not recoverable for breach of contract where acts constituting a breach of contract also amount to a cause of action in tort there may be recovery of exemplary damages however the breach must be attended by some intentional wrong insult abuse or gross negligence which amounts to an independent tort B. holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship C. holding that generally punitive damages are not available for a breach of contract D. holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract E. holding that absent an independent tort a plaintiff alleging a breach of contract may only seek to recover the damages flowing from the breach

assistant: The best answer is A. holding that while punitive damages are normally not recoverable for breach of contract where acts constituting a breach of contract also amount to a cause of action in tort there may be recovery of exemplary damages however the breach must be attended by some intentional wrong insult abuse or gross negligence which amounts to an independent tort
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: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $2,500,000 of Shares. Each Purchaser shall deliver to the Company, via wire transfer, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser and the Company shall deliver to each Purchaser its respective Shares as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of Company Counsel or such other location as the parties shall mutually agree.

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 case excerpt and choose the best holding from the options. Case excerpt: Instead, that line frames the relevant inquiry as whether the employer was aware of the factual predicate underlying the violation; e.g., whether the defendant knew that the wage statement contained only the end date of the pay period. Id.; Contreras v. Performance Food Group, Inc., 2014 WL 6481365, *4 (N.D.Cal.2014); Willner v. Manpower Inc., 35 F.Supp.3d at 1131-1132; see Perez v. Safety-Kleen Systems, Inc., 2007 WL 1848037, *9 (N.D.Cal.2007) (finding that ignorance of the requirement that an employer record the number of hours worked did not render the violation of Section 226(a) unknowing or unintentional when the employer knew that the wage statements contained an incorrect representation of hours worked); Cornn v. United Parcel Service, Inc., 2006 WL 449138, *2-3 (N.D.Cal.2006) (<HOLDING>). Of the cases that have identified that “good Options: A. holding that extremely tight handcuffing for nearly fourteen hours that left indentations in plaintiffs arms for over six hours did not amount to excessive force B. holding that section 226 requires an employer to report all hours worked not reporting hours disputed regardless of good faith does not meet that standard C. holding that to state a claim for wage violations under the flsa plaintiffs must provide at least some approximation of the overtime hours that defendants required them to work and a time frame for when those hours were worked D. holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours E. holding that section 778114c is meant to prohibit the practice of cutting salary for a week in which less than forty hours is worked in order to counterbalance compensation for hours over forty worked in another week of the same pay period

assistant: The best answer is B. holding that section 226 requires an employer to report all hours worked not reporting hours disputed regardless of good faith does not meet that standard
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: closing argument, absent egregious misstatements, the failure to object during closing argument and opening statement is within the ‘wide range’ of permissible professional legal conduct.” Under Necoechea, Udovic and Bennett’s decision not to object to Wondries’s comments, possibly to avoid highlighting them, was a reasonable strategic decision. Under Strickland’s second prong, even if Udovic and Bennett should have objected, there is no reasonable likelihood that the outcome of Cunningham’s trial would have been different had Wondries’s statement been stricken from the record. The comments were a single paragraph of a twenty-page argument and the trial judge explained to the jury that closing arguments are not evidence. See Featherstone v. Estelle, 948 F.2d 1497, 1507 (9th Cir.1991) (<HOLDING>). Moreover, we have explained that “prosecutors Options: A. holding prosecutors argument that defense counsels goal was to keep evidence from the jury was improper B. 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 C. holding that a defendant bears the burden of objecting to an allegedly improper closing argument at the time the improper argument is made D. holding argument that charge submitted improper measure of damages was waived by failure to object in trial court E. holding argument not waived for failure to object where party previously raised argument and district court considered and rejected it

assistant: The best answer is B. 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