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: tam complaints, Relator Mayes and Relators Lutz and Webster have filed amended complaints. 2 . In briefing related to the multiple pending motions to dismiss, some Defendants argue that the 2010 amendment that made it clear that a claim resulting from an AKS violation was a false claim operated only in a prospective nature, (See, e.g,, Dkt. No. 146-1 at 17). However, this Court finds that the weight of authority supports the conclusion that the 2010 amendment adding 42 U.S.C. 1320a-7b(g) was merely a clarification of the law; claims tainted by AKS violations constitute false claims for the purposes of the FCA regardless of whether the violation occurred before or after the 2010 amendment. See, e.g., U.S. ex rel. Wilkins v. United Health Grp., Inc., 659 F.3d 295, 312 n.19 (3d Cir. 2011) (<HOLDING>); U.S. ex rel. Westmoreland v. Amgen, Inc., 812 
 Holding statements: (A) holding that a legislative amendment that appeared to approve the analysis of a recent indiana supreme court case was a clarification rather than an amendment (B) holding the sixth amendment applicable to the states through the fourteenth amendment (C) holding that the fourteenth amendment incorporated the sixth amendment right to counsel (D) holding that federal rule of civil procedure 15c2 giving court discretion to permit amendment of complaint applies to  2255 petitions insofar as a district court may in its discretion permit an amendment to a petition to provide factual clarification or amplification after the expiration of the oneyear period of limitations as long as the petition itself was timely filed and the petitioner does not seek to add an entirely new claim or new theory of relief (E) holding that the 2010 amendment was a clarification

SOLUTION: (E)

PROBLEM: Ill 1997). AirTouch alleges that the City’s denial will in effect prohibit it from providing personal wireless services because alternative sites leave “gaps” in its service or will be too costly to provide. a. Gap In Coverage AirTouch has presented evidence of a gap in coverage in its wireless services on the Fanita Drive-Highway 125 corridor from Navajo Drive to the Highway 52 Connector. (Tifft Decl. at ¶ 11.) Air-Touch argues that if a decision leaves “significant gaps” in wireless services, § 332(c)(7)(B)(i)(II) has been violated. The City argues that a mere gap is not sufficient; there must be a general ban for that provision to apply. AirTouch is supported by recent decisions of the Second and Third Circuit. See Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 640-41 (2d Cir.1999) (<HOLDING>); Ho-Ho-Kus, 197 F.3d at 70 (3rd Cir.) (holding 
 Holding statements: (A) holding that  332c7biii applies only to blanket prohibitions and general bans or policies and not to individual zoning decisions (B) holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law (C) holding that  332c7b iii does not apply only to general bans and stating that prohibiting only general bans would 1 require a court to wait for a series of denied applications and 2 lead to the untenable result that once personal wire services are available within the jurisdiction of a state or local government  the state or local government could deny any further applications with impunity (D) holding that state bans on samesex marriage are unconstitutional (E) holding that a district court cannot require a unit of state or local government to abide by a consent decree that does not serve any federal interest

SOLUTION: (C)

PROBLEM: statute is not clear, there is a risk of arbitrary criminal enforcement, and a potential for violating the separation of powers doctrine by extending criminal liability beyond that which the legislature contemplated. Hearn, 797 N.W.2d at 586-87. The potential for ambiguous enforcement in light of the majority’s position affects crimes committed by affirmative acts. Every bill taken from a gas station’s cash register could give rise to an individu al charge of theft. Every threat of violence spoken in a conversation paves the way for a slew of assault charges. Each footstep on another’s land could constitute an independent incident of trespass. The implications of the majority’s approach are equally disproportional regarding crimes of omissions or negative acts. See Iowa Code § 702.2 (<HOLDING>). For example, every minute, every hour, or 
 Holding statements: (A) holding that the plaintiffs failure to meet any one of the elements requires dismissal of claim (B) holding that the term diligent prosecution requires thatthe government action is both capable of requiring compliance with the act and calculated to do so internal quotationmarks omitted (C) holding that the term indecent act required no further definition (D) recognizing the term act includes a failure to do any act which the law requires one to perform (E) holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective

SOLUTION:
(D)