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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: The Court is not at liberty to follow the law of other Circuits if it contradicts -the law of this Circuit. Plaintiffs’ other argument relies on the Eleventh Circuit’s decision in Delta Coal Program v. Libman, 743 F.2d 852 (11th Cir. 1984) which stated that Summit Office Park applies only when a Plaintiff without standing adds a new party and a new cause of action. Delta Coal Program, 743 F.2d at-857, n.6. (“Here, by contrast, the operative facts and the cause of action are not changed, but only the formally named plaintiff.”). Delta Coal Program, however, does not apply to the present case. First, the district court there permitted the substitution of new plaintiffs, and it was within the court’s discretion to do so. Delta Coal Program v. Libman, 743 F.2d 852, 856 (11th Cir. 1984) (<HOLDING>). Here, by contrast, Plaintiffs did not ask 
 Holding statements: (A) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (B) holding that when district court has continuing and exclusive jurisdiction over sapcr matter judge of another district court in same county may rule in matter so long as record is clear that judge is acting on behalf of court with continuing and exclusive jurisdiction (C) holding that the district court has broad authority to take jurisdiction over a matter even when that matter is not brought by a real party in interest (D) holding that the district court did not have jurisdiction and remanding the matter to state court (E) holding that the state law of preclusion must be followed even when federal jurisdiction over the subject matter of a claim is exclusive

Answer: holding that the information must establish that the court has jurisdiction over both the subject matter and the parties


Question: notes, records, omitting nothing.” Doc. 8, Attachments 1^4, 7 (emphasis added). Such subpoenas could lead to the production of medical information, social security numbers, payroll information, income tax information, information about family members, and other documents completely extraneous to this litigation, and the Court finds it difficult to conceive of subpoenas which could be more expansively written than these. See Hendricks, 275 F.R.D. at 255-56 (noting, where the subpoenas at issue requested “any and all personnel documents pertaining to the named plaintiff,” that “it [was] difficult to conceive of subpoenas which could be more expansively written than those at issue”); see also Cook, 2012 WL 3634451, at *6 (“While the Appellants assert that these materi 647, at *4 (<HOLDING>); see also Lewin v. Nackard Bottling Co., No. 
 Holding statements: (A) holding that subpoenas seeking the complete employment file of plaintiff including employment application payroll records medical records evaluations correspondence and all other records omitting nothing  were overbroad and could be quashed on that basis alone (B) holding that subpoenas seeking any and all documents files and records reflecting or relating to the employment of each plaintiff were overly broad on their face (C) holding that a restriction on any unrelated adult was overly broad and unsupported by the evidence (D) recognizing a general right to inspect and copy public records and documents including judicial records and documents (E) holding that records relating to a student court were not education records

Answer: holding that subpoenas seeking the complete employment file of plaintiff including employment application payroll records medical records evaluations correspondence and all other records omitting nothing  were overbroad and could be quashed on that basis alone


Question: to a misrepresentation claim if the company knew the “off-label” use of its ladders was not safe. Thus the distinction between truthful and fraudulent off-label matters also matters when it comes to implied preemption. Mere “off-label” promotion, divorced from any negligent or fraudulent misrepresentations, would likely not run afoul of state tort law. See Gavin, 2013 WL 3791612, at *7; Caplinger, 921 F.Supp.2d at 1219-20. But Schouest’s affirmative misrepresentation claims are based on independent state law duties that Medtronic allegedly violated after the initial PMA process. Because these claims would apply to a seller of a product not subject to any federal regulations who engaged in similar alleged misconduct, they are not impliedly preempted. See Houston, 957 F.Supp.2d at 1179 (<HOLDING>); Eidson, 981 F.Supp.2d at 885, 2013 WL 
 Holding statements: (A) holding that state fraudbased claims that include offlabel promotion allegations are not impliedly preempted under buckman because they are moored in traditional state common law that exists independently from the fdca (B) holding that even if such claims are cognizable under state law they are preempted in the case of generic drug manufacturers (C) holding the state law claims were not preempted (D) holding that state law fraud on the fda claims were impliedly preempted by the food drug and cosmetic act (E) holding that the plaintiffs state law claims are preempted by federal law

Answer:
holding that even if such claims are cognizable under state law they are preempted in the case of generic drug manufacturers