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.

Q: arbitrators, Eventys argues, the circuit court could have assured that both parties would have an opportunity to make their arguments to that forum. Alternatively, Eventys maintains, the circuit court should have considered and expressly ruled upon Eventys’s arguments that the provision purporting to waive class action claims was unconscionable and unenforceable. Eventys further argues that, because the “terms and conditions” did not include a severability provision, the circuit court’s necessary determination that FDUTPA’s remedial purposes are frustrated by the class action waiver provision would then invalidate the entire arbitration provision. For this argument, Eventys relies principally on the analysis in S.D.S. Autos, Inc. v. Chrzanowski, 976 So.2d 600, 611 (Fla. 1st DCA 2007) (<HOLDING>), and a group of federal cases holding that the 
 Holding statements: (A) holding that contractual provisions in an arbitration agreement purporting to prohibit consumers from prosecuting class actions for small sums of money per consumer but for a substantial number of consumers are irreconcilably at odds with the remedial purposes of fdutpa contrary to the public policy of this state and unenforceable for that reason (B) holding that when an arbitration clause has provisions that defeat the remedial purpose of the statute  the arbitration clause is not enforceable and that the language insulating an employer from damages and equitable relief renders the clause unenforceable (C) holding that arbitration provisions that preclude class actions are not unconscionable (D) holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth (E) holding that the restrictive covenants at issue are unenforceable as a matter of public policy

A: (A)
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Q: policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on “the brokers” fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes ‘arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties’ loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d 
 Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy  arising out of or relating to this agreement breach thereof or any aecounts   (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim  related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause   any controversy or claim arising out of     was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

A: (A)
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Q: raised before the district court. Under Fed. R.Crim.P. 12(b)(3), a suppression issue must be raised before trial, and the failure to raise the issue in a timely pretrial motion results in “waiver” of the matter under Rule 12(f). Frazier, Sr. concedes he was late in raising the issue but contends we may still review the alleged Franks violation for plain error under Rule 52(b). His argument raises the interesting question of whether a court of appeals is barred altogether from reviewing an issue that has been “waived” under Rule 12(f). Compare United States v. Weathers, 186 F.3d 948, 955 (D.C.Cir.1999) (concluding that plain error review under Rule 52(b) of a “waived” issue would render Rule 12(f) meaningless), and United States v. Chavez-Valencia, 116 F.3d 127, 129-30 (5th Cir.1997) (<HOLDING>), with United States v. Buchanon, 72 F.3d 1217, 
 Holding statements: (A) holding that a party may not raise an issue for the first time on appeal (B) holding that the plaintiff was precluded from raising the issue for the first time on appeal (C) holding that rules 12b3 and 12f along with circuit precedent barred defendant who failed to raise a suppression issue before the district court from raising the issue for the first time on appeal (D) holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court (E) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal

A:
(C)
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