instruction:
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.
question:
Dubuque’s “irrevocable” decision to relocate was not a vote to categorically refuse Dubuque’s overtures, but a vote to insist on financial disclosure as a prelude to bargaining. The Board’s finding that good-faith bargaining between Dubuque and the UFCW might not have been futile was substantially supported by the record. 3. Retroactivity Finally, Dubuque argues that the Board erred by “retroactively” employing its new test in this case. Again, we disagree. Our formulation of the standard for evaluating challenges to the retroactive application of a ruling from an agency adjudication has varied. Compare Retail, Wholesale & Dep’t Store Union v. NLRB, 466 F.2d 380, 390 (D.C.Cir.1972) (applying a five-factor test) with Consolidated Freightways v. NLRB, 892 F.2d 1052, 1058 (D.C.Cir.1989) (<HOLDING>) (internal quotation marks omitted) with 
 Holding statements: (A) holding no retroactive application (B) recognizing a general principle that retroactive application of rules is permitted absent any manifest injustice (C) holding retroactive application (D) recognizing principle (E) holding that retroactive application of amendments will not result in manifest injustice
answer:
(B)


question:
customs and practices of the trade could conclude that WQIS’s liability under Coverage C ceased once the Coverage A limit was reached. See Morgan Stanley, 225 F.3d at 275 (describing when a contract provision is ambiguous). First, the phrase “liabilities covered” in the Coverage C insuring provision could reasonably be read to refer only to liabilities that WQIS was required to cover under Coverage A, that is, up to $5 million per vessel. Under this interpretation, any liability above $5 million was not “covered,” and - therefore defense costs incurred with respect to liabilities above $5 million did not arise from “liabilities covered.” See Stonewall Ins. Co. v. Asbestos Claims Mgmt. Corp., 73 F.3d 1178, 1219 (2d Cir. 1995), modified on other grounds by 85 F.3d 49, 51 (2d Cir. 1996) (<HOLDING>). A reasonable person could conclude that once 
 Holding statements: (A) holding that costs are not fixed until judgment is entered and interest can only run on costs when due (B) holding that allied may not be held liable for portion of attorneys fees paid pretender of defense due to policy provision precluding reimbursement for defense costs voluntarily incurred (C) holding that trustee and personnel liability policy only covered the trustees and not the school itself (D) holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the  insurance policy (E) holding where an insurance policy indemnifies defense costs paid as a result of occurrences covered that the insurer need only reimburse defense costs for claims that are established to be covered through judgment and settlement and not for claims only potentially falling within the policys coverage
answer:
(E)


question:
Cir.1994) (A “defendant’s right to compulsory process does not include the right to compel a witness to waive his or her Fifth Amendment privilege against self incrimination.”). Finally, Warfield claims that if Davis had exercised his Fifth Amendment rights, the district court could have granted Davis “judicial” immunity or compelled the government to offer Davis use immunity. This argument also fails. We have not heretofore recognized the concept of “judicial” immunity, see Robaina, 39 F.3d at 863, and decline to do so here. Additionally, use immunity can only be granted when it is formally requested by the Attorney General, id., and the district court is without power to compel the government to grant a witness immunity. Doddington, 822 F.2d at 821. See also Robaina, 39 F.3d at 863 (<HOLDING>). Accordingly, we reject Warfield’s claims that 
 Holding statements: (A) holding that the district courts refusal to grant a downward departure was discretionary and not because it believed it lacked the authority to depart where the court assessed the facts of the case and concluded that the departure requested does not seem  to have a basis (B) holding that district court correctly concluded that it could not order the government to grant use immunity (C) holding that pursuant to the collateral order doctrine and 28 usc  1291 a state may appeal from a district court order denying it eleventh amendment immunity (D) holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure (E) holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine
answer:

(B)