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: federal courts intervene in the matter. The argument is unavailing, however, where the pending question is whether the Board’s proceedings constitute an effort by the state to impose its regulatory authority in a field preempted by Congress. See Association of Int’l Auto. Mfrs., Inc. v. Commissioner, Massachusetts Dep’t of Envtl. Protection, 208 F.3d 1, 2000 WL 298563, at *3 (1st Cir. March 27, 2000)(finding that the court’s initial invocation of the primary jurisdiction doctrine was unwise where “the ultimate legal determination of whether the Massachusetts regulations are preempted by the [federal Clean Air Act] is a question of federal preemption law for the courts alone to decide”); Volkswagen de Puerto Rico, Inc. v. Puerto Rico Labor Relations Bd., 454 F.2d 38, 41 (1st Cir.1972)(<HOLDING>). The state defendants also move to dismiss 
 Holding statements: (A) holding that the plaintiff must exhaust her administrative remedies and it does not matter that the plaintiff was using state law as the vehicle to press her assertion (B) holding that plaintiff was not required to exhaust its administrative remedies before the puerto rico labor relations board before invoking the jurisdiction of the federal courts to determine whether the boards assertion of jurisdiction was proper (C) recognizing the general rule that parties must exhaust prescribed administrative remedies before seeking relief from federal courts  (D) holding that plaintiff could not present his erisa estoppel claim to the district court because he did not properly exhaust it before the administrative review board (E) holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court

A: (B)
****
Q: 20 . Alaska R. Civ. P. 24(b) ("Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common.... In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties."). [ 21] 21. State v. Weidner, 684 P.2d 103, 113 (Alaska 1984) (adopting four-part test from Foster v. Gueory, 655 F.2d 1319, 1324-25 (D.C.Cir.1981)). 22 . Harvey v. Cook, 172 P.3d 794, 799 (Alaska 2007). [23] 23. Scammon Bay Ass'n v. Ulak, 126 P.3d 138, 143 (Alaska 2005) (citing Banco Popular de Puerto Rico v. Greenblatt, 964 F.2d 1227, 1231 (Ist Cir.1992)); see also Kirk v. Demientieff, 145 P.3d 512, 520 (Alaska 2006) (<HOLDING>). 24 . Ulak, 126 P.3d at 143. 25 . AOIC's May 
 Holding statements: (A) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (B) holding that a law firm could intervene in a former clients action to protect its interest in its contingency fee (C) holding attorneys motion to intervene in former clients tort suit untimely because attorney had clear and early notice that former client would not adequately represent his interests (D) holding that ambiguous agreement between attorney and client must be construed in the clients favor (E) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted

A: (C)
****
Q: Neither the FLSA nor state wage- and-hour laws provide any such indication. Consequently, the Plaintiffs may pursue then-unjust enrichment claims. Although the Court does not conclusively decide the merits of these claims in this motion, it must examine the claims to “make a meaningful determination of the certification issues,” Rutstein v. Avis Rent-A-Car Sys., Inc., 211 F.3d at 1234, and determine whether the state law claims could support a rule 23 action. Should the Court grant the Defendants’ Motion for Summary Judgment on the Plaintiffs’ FLSA claims, however, the Plaintiffs would only have state law claims before this court, depriving the Court of federal subject matter jurisdiction. See Estate of Harshman v. Jackson Hole Mountain Resort Corp., 379 F.3d 1161, 1167 (10th Cir.2004) (<HOLDING>). Regardless of the resolution of the state law 
 Holding statements: (A) holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident (B) holding that the district court was not divested of subject matter jurisdiction upon the dismissal of the plaintiffs federal claims (C) holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute (D) holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims (E) holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute

A:
(A)
****