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: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

Answer: (E)


Question: grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Id. (emphasis added). A defendant must also “file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” Id. § 1446(d). The removal statutes are construed narrowly. Pritchett v. Off its, including the District of Kansas, have also followed this approach. See, e.g., Berbig v. Sears Roebuck & Co., Inc., 568 F.Supp.2d 1033, 1039 n. 9 (D.Minn.2008) (stating that “a failure to comply with the requirements of [Section 1446(a) ] ordinarily is not grounds to deny removal”); Riggs v. Fling Irrigation, Inc., 535 F.Supp.2d 572, 579 (W.D.N.C.2008) (<HOLDING>); Yellow, 406 F.Supp.2d at 1215; In re Methyl 
 Holding statements: (A) holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule (B) recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings (C) holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this (D) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (E) holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured

Answer: (E)


Question: delayed investigating her claim. Ms. Williams asserts that Owners should have begun its investigation in 2009 upon being informed of the probability of a UIM claim, not in 2012 when it received her demand for payment. To carry her burden to show that Owners acted unreasonably in violation of industry standards, Ms. Williams relies on excerpts from the deposition of her expert witness, Bradley Levin. Mr. Levin testified that Owners’ request for additional documentation to support the wage loss claim was not unreasonable, but Owners should have requested additional information from Ms. Williams about her wage loss claim in January, 2012. He did not say Owners should have made the request in 2009. See Sanderson v. Am. Family Mut. Ins. Co., 251 P.3d 1213, 1220 (Colo.Ct.App.2010) (<HOLDING>). Mr. Levin did not testify that his opinion 
 Holding statements: (A) holding plaintiffs uim claims did not accrue until his lawsuit against the underinsured driver was resolved where insurance policy provided for uim coverage only after liability policies had been exhausted (B) holding that the plain meaning of the uim policy language was clear and not contrary to public policy (C) holding that because plaintiff released the tortfeasor plaintiff may not assert a claim against the uim carrier because of the derivative nature of the uim carriers liability (D) holding that prospective buyer of used car could not recover under dealers uim endorsement because uim insurance is not for protection of vehicles but of persons (E) holding that in order for insured to qualify for uim benefits there must have been a liability policy in effect um coverage does not satisfy this requirement

Answer:
(A)