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: omitted)). This is a fact-intensive inquiry that requires a finder of fact to consider numerous relevant factors, including “substantially identical management, business purpose, operation, equipment, customers, supervision, and ownership.” Int’l Union of Operating Eng’rs, Local 150, AFL-CIO v. Rabine, 161 F.3d 427, 433 (7th Cir.1998). Intent to evade union obligations, though not the keystone to proving alter ego in some other circuits, is the most critical factor in the Seventh Circuit. Compare Trs. of Pension, Welfare & Vacation Fringe Benefit Funds of IBEW Local 701 v. Favia Elec. Co., 995 F.2d 785, 789 (7th Cir.1993) (quoting Centor Contractors, 831 F.2d at 1312), with Rd. Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO v. Dorn Sprinkler Co., 669 F.3d 790, 794 (6th Cir.2012) (<HOLDING>). 1. Ownership, management, operation, and 
 Holding statements: (A) holding that collective bargaining agreements cannot compel the arbitration of statutory rights (B) holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered (C) holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment (D) holding that a debtorinpossession could reject a collective bargaining agreement (E) holding terms of collective bargaining agreement only a factor in weighing reasonableness of accommodation

Answer: (B)


Question: the words of Mr. Chief Justice Marshall, 'is of the very essence of judicial duty.”\’) (internal citation omitted); Columbia Falls Elem. Sch. Dist. No. 6 v. State, 326 Mont. 304, 109 P.3d 257, 260-61 (2005) (rejecting Baker v. Carr-based political question argument and concluding that, "[a]s the final guardian and protector of the right to education, it is incumbent upon the court to assure that the system enacted by the Legislature enforces, protects and fulfills the right [to education]”); Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375, 1381 (1993) (concluding that constitutional right to adequate education is justiciable and that "any citizen” has standing to "enforce the State’s duty” to fulfill this right); Abbott v. Burke, 149 N.J. 145, 693 A.2d 417, 428-29 (1997) (<HOLDING>); Campaign for Fiscal Equity, Inc. v. State, 86 
 Holding statements: (A) holding in the absence of exceptional circumstances deference should be given to trial court (B) holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children (C) holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis (D) holding that a trial courts statutory interpretation is given no deference on review (E) holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children

Answer: (E)


Question: seeks damages — that is, those entered into with Safeco, Provident and Manulife. (See Pl.’s Br. in Opp’n at 34, 92 Doc. 484-1 at 51, 109.) In the opinion of the Court, all of the Safeco, Provident and Manulife annuities, except the QPA-2, are variable annuities not entitled to the exemption provided for by section 3(a)(8). (1) The Safeco Annuities The QPA-2 was a traditional fixed annuity with a guaranteed interest rate. (PL’s Ex. 358 at Safeco 00127, Doc. 456-3 at 1.) All deposits were held in Safeco’s general fund, not a separate account. (PL’s Ex. 360 at Safeco 00115, Doc. 456-4 at 2.) Safeco bore all of the risk as it had to meet minimum interest payments. As such, it falls within the exemption provided by section 3(a) (8), 15 U.S.C. § 77c(a)(8). See Otto I, 814 F.2d at 1131-32 (<HOLDING>). The Resource Variable Account A was an 
 Holding statements: (A) holding railroad rate exempt from state regulation (B) holding that the trustee did not breach its fiduciary duty when its actions were consistent with the trust instrument (C) holding that insurance instrument was fixed annuity exempt from securities regulation because the instrument provided a guaranteed return of four percent 4 (D) holding that the gravamen of the offense is the physical adaptation of the instrument (E) holding that the deferential standard of review of a plan interpretation is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trust ee has in fact interpreted the instrument

Answer:
(C)