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: “reasonable collection and legal costs” to DLL in the event of a breach by Dr. Rozentsvit. DLL claimed it had incurred $6,898.00 in counsel fees in pursuing its breach of contract and collection action against Dr. Rozent-svit. DLL also attached an affidavit from counsel and the appropriate billing records to support its claim. In conclusion, DLL requested the court to assess costs in the amount of $6,898.00 to Dr. Rozentsvit. ¶23 In substance, DLL’s “petition to assess collection and legal costs” was intended to perform the same function as a motion pursuant to Rule 227.1. Had DLL simply labeled its petition as a “motion for post-trial relief,” Dr. Rozentsvit could not dispute its validity. See Gemini Equipment Co. v. Pennsy Supply Inc., 407 Pa.Super. 404, 595 A.2d 1211, 1214 (1991) (<HOLDING>). Moreover, DLL timely filed its petition on 
 Holding statements: (A) holding reasonable an agency determination that a request for an investigative file did not include the employment file (B) holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition (C) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence (D) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion (E) holding defendant did not waive issues by failing to file posttrial motions where defendant did file petition for reconsideration which was intended to function as posttrial motion

Answer: (E)


Question: but they do not require it. Accordingly, the trial court properly denied Swan Landing’s motion to compel arbitration of the foreclosure count of the complaint. As to the other two counts of the Bank’s complaint, however, the result is different. The counts asserting claims under the note and guaranty are breach of contract counts, which allege that Swan Landing and Yazdani have failed to perform their respective obligations under those contracts by failing to make the required payments. Both counts seek awards of money damages due to the alleged nonpayment, including amounts for unpaid principal, interest, and late fees. Thus, both counts are seeking legal (as opposed to equitable) relief. See, e.g., Pernell v. Southall Realty, 416 U.S. 363, 370, 94 S.Ct. 1723, 40 L.Ed.2d 198 (1974) (<HOLDING>); Cerrito v. Kovitch, 457 So.2d 1021, 1022 
 Holding statements: (A) recognizing one definition of prosecution as used in section 1 of article 3837 is criminal action meaning the entire course of an action at law1  (B) holding that while the fourteenth amendment is directed against state action and not private action the state action requirement is met in a civil action where state law is applied whether by statute or common law (C) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (D) holding a shareholders derivative action even where the only relief allowed is a recovery of damages is nevertheless a suit in equity and not an action at law (E) holding that  where an action is simply for the recovery  of a money judgment the action is one at law1  quoting whitehead v shattuck 138 us 146 151 11 sct 276 34 led 873 1891

Answer:
(E)