TASK DEFINITION: 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.
PROBLEM: may give such retroactive effect to these legal clarifications because “where ... a court is addressing transactions that occurred at a time when there was no clear agency guidance, it would be absurd to ignore the agency’s current authoritative pronouncement of what the statute means.” Id. Therefore, unless the new regulation “replaces a prior agency determination,” this Court may find that the amendment merely provides an explanation for what the law always has been. Id. In order to determine if the amendments to Regulation E marked a change in the rules or served as an interpretation of existing law, this Court will first look to the stated intent of the Board in proffering the amendments. See First Nat. Bank of Chicago v. Standard Bank & Trust, 172 F.3d 472, 478 (7th Cir.1999) (<HOLDING>). If an agency plainly states that it is merely 
 Holding statements: (A) holding that the drastic sanction of preclusion of expert witnesses was not warranted based on failure to furnish discovery by the discovery deadline when the deadline could have been shifted (B) holding that a bankruptcy rule equivalent to rule 6a ala r civ p should be construed to give the benefit of extending the deadline for submission to the day after the holiday regardless of whether the deadline is expressed as the last day of a period of days or as a date certain (C) holding regulatory amendment extending a banks deadline for returning checks could be given retroactive effect (D) holding that where a legislative amendment changed the exemption provisions of a tax statute defining those eligible for certain exemptions and refunds the amendment could only be applied to tax years after its effective date even where the legislature expressly stated the amendment should have retroactive effect and looked to the law in place during the taxable events to determine if the taxpayer was eligible for a refund (E) holding random traffic stops for license and registration checks are contrary to fourth amendment

SOLUTION: (C)

PROBLEM: evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various “solicitations” and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants’ use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party’s actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party’s 
 Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic

SOLUTION: (C)

PROBLEM: of the Federal Hazardous Substances Act, 15 U.S.C. § 1261, et seq. Id. The Fifth Circuit held that the summary judgment for Ronson “must be sustained because the FHSA preempts any state law warning requirements other than those imposed by the FHSA and its implementing regulations.” Id. Similar to Comeaux, the Court must inquire whether any of Plaintiffs’ claims are based on the theory that Mattel’s warning was inadequate. See Cipollone, 505 U.S. at 524, 112 S.Ct. at 2621 (explaining that claims based upon a failure-to-warn theory which require a showing that “advertising or promotions should have included additional, or more clearly stated warnings” different from federal regulatory requirements are preempted); Netland v. Hess & Clark, Inc., 284 F.3d 895, 900 (8th Cir.2002) (<HOLDING>); Moss v. Parks Corp., 985 F.2d 736, 739-40 
 Holding statements: (A) holding state failuretowarn claims were preempted because any warning label linking said drugs to suicide would have been false and misleading (B) holding in a comparable case that statelaw claims premised upon failuretowarn or inadequate warning theories that would result in the imposition of additional or different labeling requirements are nonetheless preempted regardless of the guise under which the claim is presented (C) holding that failuretowarn claims based on theory that faarequired warnings are insufficient are preempted (D) holding that a failuretowarn claim against a pharmaceutical company was not impliedly preempted (E) holding that all claims premised upon a failure to warn after 1969 are preempted

SOLUTION:
(B)