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: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee’s right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission “should not do the useless thing of granting a permit to one who does not claim the property in good faith,” the Railroad Commission’s determination of the propriety of the permit has no effect on the propriety of the permittee’s potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the 
 Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling

Answer: (D)


Question: Statement. They were, however, obtained prior to this Court’s actual approval of the Amended Disclosure Statement, which occurred on December 19, 2008 (i.e. at the joint hearing on approval of the Amended Disclosure Statement and the Amended Plan). Although typically a disclosure statement should be approved before the proponent solicits votes for the plan, here the premature solicitation was harmless and, as noted by the Bankruptcy Court for the Northern District of Georgia, a harmless failure to comply with § 1125’s solicitation requirements “is not necessarily fatal to the success of a Chapter 11 reorganization.” In re N.W. Recreational Activities, Inc., 8 B.R. 10, 12 (Bankr.D.Ga.1980); see also First Am. Bank of N.Y. v. Century Glove, Inc., 81 B.R. 274, 278-80 (D.Del.1988) (<HOLDING>). Pursuant to 11 U.S.C. § 105(d)(2)(B)(vi), 
 Holding statements: (A) holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case (B) holding such agreements to be per se illegal (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding hearing in chambers was not per se a violation of due process (E) holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process

Answer: (E)


Question: contract or lease, not under other, substantially unrelated agreements. This principle applies where distinct agreements are set out in the same document. And, of particular relevance here, it applies where distinct agreements are linked by a cross-default clause, providing for a loss of rights under one agreement if another agreement is breached. Thus, as noted in In re Convenience USA, Inc., No. 01-81478, 2002 WL 230772, at *2 (Bankr.M.D.N.C. Feb.12, 2002), assumption under § 365 is subject to a “well-established” cross-default rule: “[C]ross-default provisions do not integrate executory contracts or unexpired leases that otherwise are separate or severable.” United Air Lines, Inc. v. U.S. Bank Trust Nat’l Ass’n ng-Pittsburgh Steel Corp., 54 B.R. 772, 779 (Bankr.W.D.Pa.1985) (<HOLDING>), aff'd 67 B.R. 620 (W.D.Pa.1986); In re 
 Holding statements: (A) recognizing that the employers principal production activity was the creation of insurance policies (B) holding that crossdefault provisions in insurance policies were unenforceable because they would impermissibly restrict the debtors ability to assume some of the policies and reject others (C) holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies (D) recognizing comity as a golden rule among nations  that each must give the respect to the laws policies and interests of others that it would have others give to its own in the same or similar circumstances (E) holding that subcontractors primary and excess insurance policies must pay first and before contractors own insurance

Answer:
(B)