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: (second factor is "whether the [regulated] practice is an integral part of the policy relationship between the [private] insurer and the insured”). Finally, despite the MSP provision that the United States can pursue "any entity” for reimbursement, see id. (third factor is "whether the [regulated] practice is limited to entities within the insurance industry''), the MSP provision limits reimbursement to recoveries from "primary plans,” whose definition lists only entities which are clearly "within” the insurance industry. See 42 U.S.C. § 1395y(b)(2)(A) ("primary plan" means “a group health plan or large group health plan, ... a workmen's compensation law or plan, an automobile or liability insurance policy or plan ... or no-fault insurance”); cf. Kachanis, 844 F.Supp. 877 (D.R.I.1994) (<HOLDING>). 6 . Finally, the Fund raises a puzzling 
 Holding statements: (A) holding  1012 applicable to feca provision allowing united states to recover from any third party (B) holding that the secretary of the interior breached the united states duty of loyalty despite the absence of any applicable treaty or statutory provision (C) holding that a states entitlement to indemnification from a third party does not vitiate the states sovereign immunity against a money judgment (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding that an ancillary forfeiture proceeding pursuant to 21 usc  853n is a civil action for the purpose of allowing a third party to recover attorneys fees

SOLUTION: (A)

PROBLEM: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

SOLUTION: (E)

PROBLEM: v. Jackson, 209 F.3d 998, 1004 (7th Cir. 2000). Anchondo counters with a district court case, which held that net worth includes capital stock and goodwill. See Wisneski v. Nationwide Collections, 227 F.R.D. 259, 261 (E.D.Pa.2004). Neither party has cited a case on this issue from the Tenth Circuit, and I have not found one. The presiding judge will ultimately decide how to calculate net worth and whether any documents produced in response to this request are admissible. For now, it is sufficient that the documents may lead to the discovery of admissible evidence. Importantly, request 22 does not require ACA to obtain a valuation of goodwill if none exists; it only requires ACA to produce any documents already in existence that include the valuation. Cf Sanders, 209 F.3d at 1003 (<HOLDING>). With this understanding, ACA must produce any 
 Holding statements: (A) holding that a reason cannot be proved to be a pretext for discrimination  unless it is shown both that the reason was false and that discrimination was the real reason (B) holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater (C) holding that one reason for excluding goodwill is to avoid a mini trial on statutory damages because goodwill is difficult to quantify (D) holding the statutory burden is on the defendant to prove he is incompetent to stand trial (E) holding tcpa is remedial statute and that statutory damages are not punitive damages

SOLUTION:
(C)