instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
of limitations have been held as not capable of waiver or subject to an estoppel, whether pled or not.”) (internal quotation marks omitted). The dissenting opinion cites several re-, cent Supreme Court decisions in support of the proposition that the statute of limitations set forth at section 2501 is not jurisdictional, including Day v. McDonough, — U.S. -, 126 S.Ct. 1675, 164 L.Ed.2d 376 (2006); Arbaugh v. Y & H Corp., — U.S. -, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006), Eberhart v. United States, — U.S. -, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005) (per curiam), Scarborough v. Principi, 541 U.S. 401, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004), and Kontrick v. Ryan, 540 U.S. 443, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004). None of the foregoing decisions address section 2501. Day, 126 S.Ct. at 1681 (<HOLDING>); Arbaugh, 126 S.Ct. at 1245 (addressing 
 Holding statements: (A) holding that the oneyear statute of limitations for filing a habeas petition under the antiterrorism and effective death penalty act of 1996 is not jurisdictional (B) holding that the oneyear statute of limitations under the antiterrorism and effective death penalty act aedpa begins to run on the date a prisoner dismisses his direct appeal because his conviction is then final (C) holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant (D) holding that in a designation of a foreign terrorist organization under the antiterrorism and effective death penalty act of 1996 aedpa the governments use of classified information without permitting the organization to view the information did not violate the organizations due process rights (E) holding that neither the antiterrorism and effective death penalty act of 1996 nor the illegal immigration reform act of 1996 repealed the district courts jurisdiction to review aliens habeas petitions
answer:
(A)


question:
that, although the trial court was initially prepared to suppress based solely on the deputies’ conduct in providing Gomez’s name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness’ recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant’s name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla. 
 Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive
answer:
(C)


question:
Local Rule 1.3. 33 . Murray, 583 F.3d at 178 (citing Ramey v. District 141, Int'l Assn of Machinists & Aerospace Workers, 378 F.3d 269, 282-83 (2d Cir.2004)). 34 . National Union Fire Ins. Co. of Pittsburgh, Pa. v. L.E. Myers Co. Grp., 937 F.Supp. 276, 280-81 (S.D.N.Y.1996). 35 . Mwray, 583 F.3d at 178 (quoting Lamborn, 873 F.2d at 531) (quotation marks omitted). 36 . Defendants raise only Canon 9 in their Opposition. See Def. Opp. at 8. It is apparent from Defendants’ conflict-of-interest discussion that Rule 1.7 and Canon 5 are also relevant. 37 . Hempstead Video, Inc., 409 F.3d at 132. 38 . New York Code of Prof. Resp., Preliminary Statement, reprinted in N.Y. Jud. Law App. 39 . Board of Ed. of City of New York v. Nyquist, 590 F.2d 1241 D.2d 487, 597 N.Y.S.2d 34, 34 (1st Dep’t 1993) (<HOLDING>); Hansen v. Brognano, 137 A.D.2d 880, 524 
 Holding statements: (A) holding original tortfeasor had no right to indemnification because claim properly was for contribution (B) holding claims against attorney for legal malpractice must be asserted by attorneys actual client absent limited exception (C) holding that attorneys sued for malpractice were entitled to assert thirdparty complaint for contribution and indemnification against subsequent attorney hired by client (D) holding contribution claim against attorney not contrary to illinois public policy (E) holding that the parties purchase agreement did not require a showing of prejudice for plaintiff to assert that defendant waived its claim for indemnification
answer:

(C)