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: delivery to these individuals actually occurred. Sanderson asserted numerous causes of action against the defendants including civil rights and tort claims arising out of Sanderson’s divorce action and his March'2003 arrest for felonious restraint. The felonious restraint charge was later dismissed. Sanderson’s complaint in this lawsuit seeks damages for actions by Thomas and Martens while employed by Walsh County and actions by Judge Geiger while employed by the State of North Dakota. [¶ 3] Walsh County, Thomas, and Martens answered Sanderson’s complaint and moved for summary judgment, seeking dismissal for lack of proper service of process. Judge Geiger also moved to dismiss, asserting the district court lacked personal jurisdiction over 2001 ND 101, ¶¶ 8-10, 627 N.W.2d 379 (<HOLDING>). [¶8] Sanderson’s complaint asserts a number 
 Holding statements: (A) holding that a forum selection clause was not enforceable against defendants that were not parties to the contract (B) holding order dismissing action without prejudice based on contractual forum selection clause is final and appealable because it terminates the litigation in the plaintiffs chosen forum (C) holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum (D) holding that when a forum selection clause designates  an arbitral forum  the proper remedy is dismissal (E) holding appealable dismissal where application of forum selection clause permanently put plaintiff out of district court

Answer: (E)


Question: party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court.” Venue is proper pursuant to 28 U.S.C. § 1391(e). STANDING The plaintiffs legal standing to appeal the GAO’s decision lies in the Administrative Procedure Act, 5 U.S.C. § 701, et seq.. Section 702 provides that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review” thereof. The court finds that the plaintiff, as an unsuccessful bidder, has standing to challenge the agency’s decision to award the contract to a third party. See Choctaw Mfg. Co., Inc. v. United States, 761 F.2d 609, 615-16 (11th Cir.1985) (<HOLDING>). FINDINGS OF FACT The majority of facts are 
 Holding statements: (A) holding that the losing bidder has standing to challenge the award of a government procurement contract (B) holding that if the government is obligated to rebid the contract and the unsuccessful bidder could compete for the contract once again and therefore has an economic interest and standing to challenge the award (C) holding that without a valid reason for cancelling the procurement  the government violated its duty to conduct a fair procurement (D) holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement (E) holding that city had implied contract with bidder to treat bidder fairly

Answer: (A)


Question: in deceptive practices, Wilkey and his attorney were not deceived into thinking that the report was not favorable to him and therefore could not have relied on that assumption. Wilkey continues to assert that he was put “on unequal footing” in front of the hearing board. Appellant Br. at 25. However, a claim of fraud is concerned only with reliance on deception and provides no relief to those who see past the misrepresentations with which they are confronted. See Bryans v. English Nanny & Governess Sch., Inc., 117 Ohio App.3d 303, 690 N.E.2d 582, 590 (1996) (finding that there was no fraud when the plaintiff, by her own admission, “knew what [she] was getting [herself] into” (internal quotation marks omitted)); see also Andersons, Inc. v. Consol, Inc., 348 F.3d 496, 506 (6th Cir.2003) (<HOLDING>). Therefore, in the absence of evidence of 
 Holding statements: (A) holding that under ohio law fraud claim failed because there was no evidence of reliance (B) holding it was error to submit a fraud claim to the jury partly because there was no principle of law establishing an obligation of disclosure (C) holding that defense of fraud was waived where no special issue was submitted and there was disputed evidence (D) holding no justifiable reliance as a matter of law (E) holding that a fraud claim premised on thirdparty reliance raises a cognizable claim under new york law

Answer:
(A)