In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: District Attorney’s Office to discriminate in the jury selection process. On April 26, 2007, the PCRA court issued an order denying Appellant relief and the instant appeal followed. Appellant raises the following claim: The lower court erred by limiting Appellant’s hearing solely to proof of a policy or culture of discrimination by the Philadelphia District Attorney and further erred by denying Appellant the opportunity to develop and prove discrimination in his case. Before we proceed with a review of the merits of this issue, we must ascertain whether the PCRA court was correct in its conclusion that Appellant timely filed his fifth PCRA petition for, if he did not, we are without jurisdiction to address his claim. Commonwealth v. Abu-Jamal, 596 Pa. 219, 941 A.2d 1263 (2008) (<HOLDING>). Pursuant to 42 Pa.C.S. § 9545(b)(1), any PCRA 
 Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts (C) holding pcra time limits are jurisdictional in nature and must be strictly construed (D) holding that a governments consent to be sued must be construed strictly in favor of the sovereign (E) holding  2513 to be jurisdictional and therefore must be strictly construed

Answer: holding that railroad immunity act should be strictly construed


Question: WL 687033, at *1 (D.Md. Feb. 29, 2008) (citing Pioneer Inv. Serv. Co. v. Brunswick Assoc. Ltd. P’ship, 507 U.S. 380, 395, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993)). Courts in the Fourth Circuit deny leave to amend a complaint past the deadline established by a scheduling order where the moving party has been careless in developing his claims or where he has failed to satisfactorily account for his failure to do so. Compare Whichard v. Specialty Restaurants Corp., 220 F.R.D. 439, 441 (D.Md.2004) (denying plaintiffs motion to join an additional defendant five months after the court imposed deadline because plaintiff had ample notice before the deadline that the original defendant might not be the right party) with Long v. Blair, No. 2:09-CV-00349, 2010 WL 1930220 (S.D.W.Va. May 12, 2010) (<HOLDING>). After a movant satisfies the good cause 
 Holding statements: (A) holding that good cause did not exist where counsel waited months after filing of the pleadings to propound written discovery and did not take oral depositions of known key individuals to their claims until after the deadline for amending the complaint (B) holding that a change in the theory of recovery and one prior amendment is not sufficient to deny a motion to amend the complaint where no evidence of bad faith existed (C) holding that denial of leave to amend was appropriate because the plaintiff sought to amend his complaint two years after filing his complaint  on the eve of trial when discovery was complete (D) holding that district court did not abuse its discretion where it determined that plaintiffs failed to show good cause to amend complaint after dispositive motion deadline (E) holding that good cause existed where the plaintiff did not establish a sufficient evidentiary basis to support new claims until after the deadline for amending his complaint and moved to amend immediately after the new evidence came to light

Answer: holding that good cause did not exist where counsel waited months after filing of the pleadings to propound written discovery and did not take oral depositions of known key individuals to their claims until after the deadline for amending the complaint


Question: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

Answer:
holding that subcontractor could recover damages from general contractor for delay in performance under state law