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.

[Q]: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date.” Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep’t 2008)). I agree with Judge Weinstein’s well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even 
 Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
[A]: holding that mandatory arbitration agreements in the employment context fall under the faa


[Q]: the rate must make a threshold showing that the rate at issue is unreasonable. Milne, 970 F.2d at 570; Covey, 763 F.Supp. at 482-83. Relevant factors in the determination include “relevant rate comparisons, a carrier’s proffer of a particular rate, and whether the rate would have moved the traffic had it been asserted at the time the shipments took place.” Matter of Brown Transport Truckload, Inc., 144 B.R. 183, 187 (Bankr.N.D.Ga.1992). One common method of making a prima facie showing of unreasonableness is to provide affidavit testimony demonstrating a significant disparity between the rates sought to be charged by the carrier and the rates charged by competing carriers at the time in question. See, e.g., Vining v. The Eureka Co., 1992 WL 370520, at *2 (N.D.Ill. Dec. 8, 1992) (<HOLDING>); Matter of Brown, 144 B.R. at 187 (noting 
 Holding statements: (A) holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo (B) holding eighty percent increase in demanded rates and showing that original rates were competitive with other carriers was prima facie unreasonable (C) holding prima facie showing of unreasonableness made by presenting evidence that tariff rates in effect at time of shipments were well above rates paid to other carriers for same service (D) holding that absence of competitive injury was not a defense to prima facie violation of  2e (E) holding that a prima facie case is subject to independent review
[A]: holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo


[Q]: include the offense of unlawful possession of a firearm by a felon, unless the possession was of a firearm described in 26 U.S.C. § 5845(a).” § 4B1.2 app. n. 1. A shotgun modified so that it “has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length” is a firearm described in § 5845(a). See 26 U.S.C. § 5845(a). As Lipscomb’s instant offense of possession of a firearm by a convicted felon does not have the use, attempted use, or threatened use of physical force as an element and is not an enumerated offense, the issue here is whether Lipscomb’s present offense “otherwise involves conduct presenting a serious risk of injury to another” under the residual clause of § 4B1.2(a)(2). See United States v. Serna, 309 F.3d 859, 862 & n. 6 (5th Cir.2002) (<HOLDING>). A. Applicability of the Categorical Approach 
 Holding statements: (A) holding that north carolina crime of larceny from the person was a crime of violence under the residual clause of the career offender guideline (B) holding a defendant could not receive an enhanced sentenced under the residual clause of  4b12a2 following johnson (C) holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of  4b12a2 (D) holding that california residential burglary is categorically a crime of violence under the residual clause of ussg  4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another (E) holding that possession of a weapon is not in an of itself a crime
[A]:
holding that north carolina crime of larceny from the person was a crime of violence under the residual clause of the career offender guideline