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: give several reasons for their decision to terminate the plaintiff; namely, that he was over-extended, refused to delegate work, failed to share information, had poor people management skills, and treated 010 employees in an abusive manner. As the “proverbial straw that broke the camel’s back,” defendants also point to, and plaintiff concedes, his use of profanities and abusive language during the phone conversation with Clark. (Doc. 41 at 25.) Defendants were concerned that plaintiffs behavior would result in a lawsuit by Clark or potentially lawsuits by other employees. An employee’s inappropriate behavior toward other employees is a legitimate business reason for termination in the context of a close corporation. See Priebe v. O’Malley, 89 Ohio App.3d 8, 12, 623 N.E.2d 573 (1993) (<HOLDING>). The record demonstrates that defendants acted 
 Holding statements: (A) holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder (B) holding that shareholder could not prevail on breachoffiduciaryduty claim against other shareholder because alleged mishandling of funds did not result in any injury to the corporation (C) holding that majority shareholders had legitimate business reasons for terminating a shareholder which included the reason that the shareholder was not working well with other employees (D) holding that sole shareholder could recover on behalf of company but not in individual capacity for former shareholder and officers misappropriation of corporate assets (E) holding that corporate officer and majority shareholder could be held liable for acting in a manner that served his interests at the expense of the other shareholders because his interests and the corporations were not necessarily aligned

Answer: (C)


Question: in original). With the possible exception of his claim that he was not permitted to testify, Man-giardi has not satisfied either prong of the Strickland test. Because each of Mangiardi’s claims relating to the proceedings is meritless, appellate counsel was not unreasonable for any failure to raise any of them on direct appeal. See Williams, 166 F.Supp.2d at 305 (finding that where each of the claims raised in the defendant’s § 2255 motion was meritless, appellate counsel was not deficient for failing to raise them on direct appeal). The same reasoning applies to appellate counsel’s failure to raise Man-giardi’s claims for ineffective assistance of trial counsel. See id., James v. Superintendent of SCI Huntington, No. CIV.A. 97-2864, 2000 WL 5196, at *3 (E.D.Pa. January 4, 2000) (<HOLDING>). Moreover, as discussed above, claims for 
 Holding statements: (A) holding that counsel cannot be deemed ineffective for failing to raise a meritless claim (B) holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel (C) recognizing a constitutional claim for ineffective assistance of counsel (D) holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate (E) holding trial counsel was not ineffective for failing to pursue a meritless issue

Answer: (B)


Question: of this[,] verbalizing her understanding and agreement”); id. at 133 (setting forth the testimony of the attending anesthesiologist, Dr. William Shepard, who stated that there was “a period of deliberati 3 A. 341, 342 (1932)). Similarly well-established is the proposition that claims alleging a lack of consent for a surgical procedure constitute a battery committed upon a patient by a physician. Montgomery, 798 A.2d at 749 (providing that “a claim involving a surgical procedure performed without any consent at all by the patient ... sounds in battery”); Morgan v. MacPhail, 550 Pa. 202, 704 A.2d 617, 620 (1997) (acknowledging that the performance of a surgical procedure upon a patient without his consent constitutes a battery); Gray v. Grunnagle, 423 Pa. 144, 223 A.2d 663, 669 (1966) (<HOLDING>). The tort of battery has been described as an 
 Holding statements: (A) holding a jury question existed as to whether a patient consented to an operation and whether the operation received was substantially similar to the operation to which the patient consented so as to be within the scope of the consent (B) holding that a patient who endures an operation without his consent may base his action on a tortious battery (C) holding that in pennsylvania lack of informed consent claims utilize a battery standard that is a physician commits battery where the patient does not consent to the procedure on his person thus constituting a harmful or offensive contact (D) holding that an operation without the patients consent sounds in battery (E) holding medical practices patient base is not protectable interest

Answer:
(B)