instruction:
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.
question:
from representing plaintiffs “in either this or similar actions.” Id. at 1196. Likewise here, Yanny would be prohibited from representing the interests of any party against his former client, the Church of Scientology organization. However, I see no basis for precluding Berry or the Musick, Peeler firm from representing F.A.C.T.Net based on the fact that they formerly represented Yanny in defending him against charges made by the Church of Scientology. Moreover, in suing Yanny as it did, Plaintiffs waived any privilege with respect to any information relevant to the issues raised by their claims and released Yanny from his obligation of secrecy with respect to that information. See Carlson, Collins, Gordon & Bold v. Banducci, 257 Cal.App.2d 212, 228, 64 Cal-Rptr. 915 (Cal.App.1967) (<HOLDING>) That principle of California professional 
 Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that authorization cards are privileged from disclosure to employer (C) holding an attorney is released from those obligations of secrecy which the law places upon him whenever the disclosure of a communication otherwise privileged becomes necessary to the protection of the attorneys own rights (D) holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client (E) holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense
answer:
(C)


question:
339 (2005)). As to appellant’s assertion of error by the court in permitting the cautionary instruction to include the additional language, appellant’s claim is not cognizable in a Rule 37.1 proceeding. Generally, a petition under Rule 37.1 does not provide a remedy when an issue could have been raised at trial or argued on appeal. Howard v. State, 367 Ark. 18, 238 S.W.3d 24 (2006). To fall within the very limited exception to that rule, the ground must be one so basic that it renders the judgment a complete nullity, such as a lack of jurisdiction, a violation of double jeopardy, or the right to a twelve-member jury. Id. at 26-27, 238 S.W.3d at 32. Appellant did not raise an issue in this claim that falls within the exception. See Phavixay v. State, 373 Ark. 168, 282 S.W.3d 795 (2008) (<HOLDING>). In appellant’s fifth point on appeal, he 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper
answer:
(C)


question:
experts. 5. Applying the Balancing Standard Assuming, arguendo, the balancing standard applies to this case, BNSF’s showing is still inadequate to permit it access to FMC’s experts. “The claimed importance of expert testimony underscores the need for [BNSF] to have timely designated [its] expert witness so that [opposing counsel] could prepare for trial. The importance of such proposed testimony cannot singularly override the enforcement of local rules and scheduling orders.” Geiserman, 893 F.2d at 792 (footnote omitted). BNSF created the situation in which it finds itself by not cross-designating FMC’s experts to give notice it intended to rely on FMC’s witnesses without a formal agreement as to their shared use. See State ex rel. Ward v. Hill, 200 W.Va. 270, 278, 489 S.E.2d 24 (1997) (<HOLDING>). BNSF has not been diligent so as to entitle 
 Holding statements: (A) holding that the defendants had received sufficient notice where the original defendants and the newly added defendants shared an identity of interests and were represented by attorneys who were involved in the litigation from its inception (B) recognizing defendants state and federal constitutional rights to testify (C) holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt (D) holding that absent a formal agreement among defendants in a litigation proceeding involving multiple defendants the circuit court should not generally permit a settling defendants expert witnesses to testify for the remaining defendants especially where doing so would violate the settlement agreement (E) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify
answer:

(D)