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.
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Question: policy becomes a composite of factors that bear on a better answer to the question, ‘How shall the losses be distributed?’ ”). Slain and Kripke argued that “[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance.” Slain & Kripke, supra, at 286. Analyzing the first risk — that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, “stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full.” Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308 
 Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding

Answer: (B)


Question: case. In light of our decision that the parties’ dispute will not be resolved by an appraisal proceeding, we need not decide, as appellants assert, whether the district court erred by observing that the appraisal process would be subject to the statutes governing confirmation or vacation of an arbitration award. Nonetheless, pertinent to our holding in this case, we take the opportunity to acknowledge that although some arbitration standards apply in processing appraisal results, Minnesota recognizes a distinction between appraisal and arbitration. Compare QBE, 778 N.W.2d at 398 (stating that “[ajppraisal decisions are subject to Minn.Stat. § [§ ] 572.08-.30 (2008), the arbitration statute”) and David A. Brooks Enters., Inc. v. First Sys. Agencies, 370 N.W.2d 434, 435 (Minn.App.1985) (<HOLDING>) with Johnson, 732 N.W.2d at 346 (holding that 
 Holding statements: (A) holding that explanations of arbitration awards are not required (B) holding that because appraisal is analogous to arbitration the court would apply principles of arbitration law to this dispute regarding an insurance policy appraisal clause (C) recognizing such a ground for judicial review of arbitration awards in this circuit (D) holding that minnesotas arbitration statutes govern appraiser decisions and appraisal awards are to be treated as arbitration awards (E) holding that judicial review of arbitration awards is narrow in scope

Answer: (D)


Question: deported after being convicted for “a drug trafficking offense for which the sentence imposed exceeded 13 months.” U.S.S.G. § 2L1.2(b)(l)(A)(i). In determining whether a prior conviction qualifies as a “drug trafficking offense” under the Sentencing Guidelines, this court again utilizes the categorical approach. See, e.g., Valdavinos-Torres, 704 F.3d at 691. Section 11379 does not qualify as a drug trafficking offense for purposes of U.S.S.G. § 2L1.2(b)(l)(A)(i) under the categorical approach. United States v. Navidad-Marcos, 367 F.3d 903, 907-08 (9th Cir.2004). Under the modified categorical approach, however, a Section 11379 conviction for the sale of amphetamine does qualify as a drug trafficking offense. See United States v. Corona-Rivera, 503 Fed.Appx. 500, 502 (9th Cir.2012) (<HOLDING>), cert. denied, — U.S. —, 133 S.Ct. 2040, 185 
 Holding statements: (A) holding that the defendants conviction for the sale of marijuana in violation of california health  safety code  11360a was a drug trafficking offense within the meaning of ussg  2l12 (B) holding that the amendment of the indictment was permissible under the statutory predecessor to code  192231 because the amendment did not within the meaning of the statute change the nature of the offense charged in the original indictment (C) holding that the position of  alltime health officer for a county was not an office within the meaning of section 1467 of the code of 1907 (D) holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b (E) holding that a state is not a person within the meaning of  1983

Answer:
(A)