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: tam complaints, Relator Mayes and Relators Lutz and Webster have filed amended complaints. 2 . In briefing related to the multiple pending motions to dismiss, some Defendants argue that the 2010 amendment that made it clear that a claim resulting from an AKS violation was a false claim operated only in a prospective nature, (See, e.g,, Dkt. No. 146-1 at 17). However, this Court finds that the weight of authority supports the conclusion that the 2010 amendment adding 42 U.S.C. 1320a-7b(g) was merely a clarification of the law; claims tainted by AKS violations constitute false claims for the purposes of the FCA regardless of whether the violation occurred before or after the 2010 amendment. See, e.g., U.S. ex rel. Wilkins v. United Health Grp., Inc., 659 F.3d 295, 312 n.19 (3d Cir. 2011) (<HOLDING>); U.S. ex rel. Westmoreland v. Amgen, Inc., 812 
 Holding statements: (A) holding that a legislative amendment that appeared to approve the analysis of a recent indiana supreme court case was a clarification rather than an amendment (B) holding the sixth amendment applicable to the states through the fourteenth amendment (C) holding that the fourteenth amendment incorporated the sixth amendment right to counsel (D) holding that federal rule of civil procedure 15c2 giving court discretion to permit amendment of complaint applies to  2255 petitions insofar as a district court may in its discretion permit an amendment to a petition to provide factual clarification or amplification after the expiration of the oneyear period of limitations as long as the petition itself was timely filed and the petitioner does not seek to add an entirely new claim or new theory of relief (E) holding that the 2010 amendment was a clarification

Answer: (E)


Question: failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin’s remaining issues, we affirm based upon the following authorities: 1. As to the circuit court’s remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of 
 Holding statements: (A) holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below (B) holding a party cannot seek and receive a particular result at trial and then challenge it on appeal (C) holding that defendant must object at trial to preserve as applied challenge for appeal (D) holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court (E) holding that claims based on grounds not objected to at trial cannot be considered on appeal

Answer: (B)


Question: filed August 1, 2003). Various bankruptcy courts have disagreed on whether a live-in companion’s financial circumstances should be considered under the “ability to pay” test. Although statutory authority is absent, this Court agrees with the reasoning of those courts which conclude that its inclusion is necessary if they are financially interdependent on each other. See e.g. Short v. Short (In re Short), 232 F.3d 1018 (9th Cir.2000), In re Crosswhite, 148 F.3d 879 (7th Cir.1998); Simon v. Murrell (In re Murrell), 257 B.R. 386 (Bankr.D.Conn. 2001); Foto v. Foto (In re Foto), 258 B.R. 567 (Bankr.S.D.N.Y.2000); Cleveland v. Cleveland (In re Cleveland), 198 B.R. 394(Bankr.N.D.Ga.1996); Koons, 206 B.R. 768. Cf. Willey v. Willey (In re Willey), 198 B.R. 1007 (Bankr.S.D.Fla.1996)(<HOLDING>). In this case, a look at the complete economic 
 Holding statements: (A) holding that a public employee plaintiff is not required to show that the defendants action had an actual chilling effect (B) holding remarriage of exspouse and loss of income not to be a substantial change in circumstances (C) holding that projected disposable income for an abovemedian income debtor would not include a deduction for contractual payments on undersecured debt that the debtor would not actually be required to pay because the plan bifurcated the claim or surrendered the collateral (D) holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default (E) holding that imputing girlfriends income on debtor could lead to a chilling effect on courtship and remarriage of divorced partners

Answer:
(E)