TASK DEFINITION: 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.
PROBLEM: prejudice. Common v. W. Suburban Hosp. Med. Ctr., 301 Ill.App.3d 939, 235 Ill.Dec. 158, 704 N.E.2d 731, 738-39 (1998) (emphasis added) (citations omitted) (internal quotation marks omitted). We quoted Common and echoed its sentiment in Sherrod v. Lingle, 223 F.3d 605, 614 (7th Cir.2000), where we held that a district court’s failure to permit a plaintiff to amend his complaint in order to comply with section 2-622 was an abuse of discretion. Second, although the district court believed that plaintiffs’ counsel should have known to submit an affidavit and report in accordance with section 2-622, it made no specific finding that the failure to do so was in bad faith or an attempt to delay litigation. See Cookson v. Price, 393 Ill.App.3d 549, 333 Ill.Dec. 22, 914 N.E.2d 229, 232 (2009) (<HOLDING>). Further, it did not explain whether or in 
 Holding statements: (A) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a (B) holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension (C) holding that it was error for the trial court to refuse to permit plaintiff to amend his complaint to include a new affidavit and report complying with section 2622 where there was no indication that the plaintiffs failure to file the report earlier in the litigation was in bad faith (D) holding that the trial courts failure to dismiss the action to quiet title was error because the plaintiff was not in possession of the land in question but the error was not fatal to the claim because the superior court could sua sponte amend the pleadings to include an action in ejectment (E) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel

SOLUTION: holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a

PROBLEM: in nature and may be waived if not timely raised. Section 1445(c) applies to prohibit the removal of a civil action arising under the workmen’s compensation laws of a state. It does not prohibit federal district court’s from exercising supplemental jurisdiction under § 1367. The state worker compensation statutes themselves may affect the court’s jurisdiction by requiring claims to be filed with an administrative agency. However, such is not the case for claims of retaliatory discharge for exercising rights under Michigan’s WDCA. As noted above, the expeditious and inexpensive procedures found in Michigan’s WDCA are not utilized when an employee alleges retaliatory discharge. Such a claim is treated like any other tort and can be filed in state court. See Delke, 460 N.W.2d at 327-28 (<HOLDING>); see also Lamoria, 584 N.W.2d at 600; Chiles 
 Holding statements: (A) recognizing the tort of retaliatory discharge (B) holding the retaliation claim did arise under states workers compensation laws (C) recognizing retaliatory discharge tort implied by the workers compensation act (D) holding that retaliation claim did not arise under states workers compensation laws (E) holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge

SOLUTION: recognizing the tort of retaliatory discharge

PROBLEM: in VALIC establishes that variable annuities are not the “business of insurance.” In VALIC, the Supreme Court found that variable annuities are securities because they lack the traditional earmarks of insurance. The Court stated that “we conclude that the concept of ‘insurance’ involves some investment risk-taking on the part of the company. The risk of mortality, assumed here, gives these variable annuities an aspect of insurance. Yet it is apparent, not real; superficial, not substantial. In hard reality the issuer of a variable annuity that has no element of a fixed return assumes no true risk in the insurance sense.” VALIC, 359 U.S. at 71, 79 S.Ct. 618. See also NationsBank of N.C., N.A. v. Variable Annuity Life Ins. Co., 513 U.S. 251, 264, 115 S.Ct. 810, 130 L.Ed.2d 740 (1995) (<HOLDING>); SEC v. United Benefit Life Ins. Co., 387 U.S. 
 Holding statements: (A) holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable (B) holding that a federal statute 12 usc  92 which expressly permits national banks to sell insurance in small towns is a statute which specifically relates to the business of insurance and preempts a state statute which prohibits banks from selling insurance (C) holding a federal law permitting national banks to sell insurance in towns with less than 5000 residents preempted a state statute prohibiting banks from selling most types of insurance (D) holding that comptroller of currencys holding that annuities both fixed and variable are not insurance within the meaning of 12 usc  92 2000 a provision allowing banks to sell insurance products in towns with less than 5000 inhabitants was a reasonable interpretation of the statute and stating that fixed annuities more closely resemble insurance than do variable annuities  (E) holding a variable annuity issued by an insurance company to be a covered security

SOLUTION:
holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable