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: and reimbursement claim based on the plan. Looking to FEHBA’s legislative history, the Court of Appeals for the Eighth Circuit concluded that the purpose of FEHBA was to establish health insurance for federal employees and that insurance carriers “help the government fulfill the basic task of establishing a health benefits program for federal employees.” Id. at 1233. The Jacks court concluded that OPM “has direct and extensive control over these benefit contracts under the FEHBA.” The court determined that even though the plan “allows the carrier the discretion to pursue subrogation,” that “does not foreclose the application of the federal officer removal statute” because “the subrogation provision is necessarily a product of the benefit payment pro F.Supp.2d 848 (W.D.Mo.2011) (<HOLDING>); Van Horn v. Arkansas Blue Cross and Blue 
 Holding statements: (A) holding that health insurer contracted with fehba was not acting under a federal agency within the meaning of the federal officer removal statute (B) holding that the fact that the insurance carrier voluntarily entered into a mutually agreed upon contract with the opm to administer healthcare benefits to federally employed enrollees does not rise to the level of a relationship defined as acting under a federal officer  (C) holding that a health plan insurer contracting with a government agency under a federal benefits program is considered a person acting under a federal officer (D) holding that the special relationship exception does not apply to the relationship between a student and a school (E) holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract

Answer: (B)


Question: the district court would have been de facto granting a continuance by declaring a mistrial and summoning new jurors. We decline here to find that the district court abused its discretion in denying a mistrial when the defendant’s own misconduct caused the alleged impartiality of the jurors and the court took reasonable steps to ensure the jurors could serve impartially. Williams v. Woodford, 306 F.3d 665, 723-24 (9th Cir.2002) (“The Sixth Amendment affords no relief when the defendant’s own misconduct caused the alleged juror partiality and the trial judge employed reasonable means under the circumstances to preserve the trial’s fairness”) (citing United States v. Hernandez, 952 F.2d 1110, 1116-18 (9th Cir.1991)). See also United States v. Harris, 2 F.3d 1452, 1456 (7th Cir.1993) (<HOLDING>). Because the district court afforded the 
 Holding statements: (A) holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer (B) holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset (C) holding that a defendant should not profit from his own outburst (D) recognizing in context of fraudulent nondisclosure cases that a defendant may reasonably expect the plaintiff to make his own investigation draw his own conclusions and protect himself (E) holding that outofstate plaintiff had procured his own absence at trial of his case where record contained no intimation that his absence resulted from any reason other than his own volition

Answer: (C)


Question: admitted in evidence that contained a "department of corrections social and criminal history [ evaluation of the defendant] prepared by an unnamed department employee." Grey v. Texas, 299 S.W.3d 902, 906, 910 (Tex.App.2009). The court concluded that the "criminal history summary, not having been made in anticipation of prosecutorial use, was not testimonial.” Id. at 910. 8 . See generally , 26 Cal.Rptr.3d 190, 193 (2005) (concluding that proof of service of a domestic relations restraining order was nontestimonial); Colorado v. Shreck, 107 P.3d 1048, 1060-61 (Colo.Ct.App.2004) (determining that documentary evidence showing prior convictions and affidavits used to establish chain of custody for certain documents were nontestimonial); Iowa v. Shipley, 757 N.W.2d 228, 237-38 (Iowa 2008) (<HOLDING>); Kansas v. Dukes, 38 Kan.App.2d 958, 174 P.3d 
 Holding statements: (A) holding that a certified letter verifying that a defendant did not have a valid drivers license was nontestimonial and that washington courts have long recognized the inherent reliability and admissibility of driving records (B) holding that driving records were nontestimonial (C) holding that a certified abstract of a defendants driving record was nontestimonial (D) holding that certified records of maintenance are nontestimonial and are not prepared for any particular defendant (E) holding that the admission of a certified document stating that defendants license was suspended was nontestimonial

Answer:
(C)