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. 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.
PROBLEM: otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. § 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) (‘We do not ... believe § 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim.” (internal quotations omitted)) and First Nat’l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng’rs, Inc. v. Lafourche 
 Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that  1441c does not allow the remand of claims that are not separate and independent (D) recognizing that  1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand

SOLUTION: (B)

PROBLEM: The appellant’s first point relied on is also deficient in that it does not comply with Rule 84.04(d)(5) inasmuch as the authority cited by the appellant in support of the claim raised relates only to our standard of review and the manner in which we are to interpret a statute. Rule 84.04(d)(5) provides: In support of each “Point Relied On,” and immediately following the statement of the Point, the appellant or relator shall cite all authorities upon which the argument rests. If more than three authorities are cited, the three authorities on which the appellant, relator, or petitioner principally relies shall be cited first. The appellant does not, as required by the rule, provide any authority for his claimed interpretation of the implicated statutes. See Coleman, 969 S.W.2d at 274 (<HOLDING>). If no such citations exist because this is a 
 Holding statements: (A) holding that an appellate court cannot consider an issue that was not preserved for appellate review (B) holding the trial court was without authority to dismiss an appeal on the ground that the amount of the judgment required the appellant to file an application for discretionary review (C) holding that an appellate court may not review errors that have not been assigned by a party or a point of error (D) holding that a claim is waived on appeal when not supported by citation to relevant authority (E) holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority

SOLUTION: (E)

PROBLEM: general election. Such campaigning varied in terms of degree, but most of the named plaintiffs testified that they circulated petitions, made posters and generally aided in the campaign effort. Several of the named plaintiffs have asserted pendent state law claims alleging that as honorably discharged veterans who served in the armed forces during wartime they were entitled to special protection under New York’s Civil Service Law. Due to the differences not only in terms of proof, but also in causes of action, the court will address each of the plaintiffs’ claims separately. Following this determination the court will examine plaintiffs’ motion for class certification. See East Texas Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403, 97 S.Ct. 1891, 1896, 52 L.Ed.2d 453 (1977) (<HOLDING>). Marion Sciortino Goodwin Plaintiff Marion 
 Holding statements: (A) holding that a class plaintiff who seeks to assert statutory rights to protect a class of which he is a member is not asserting rights antagonistic to any members of that class (B) holding that it is error to certify class when named class representatives are not members of the class they purport to represent (C) holding that putative class members are not parties to an action prior to class certification (D) recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members (E) holding that putative class representatives had standing to represent the class even when they owned stock for only part of lengthy class period because they alleged a common course of conduct to defraud over that entire period including the period during which they owned stock

SOLUTION:
(B)