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: if the terms of the health care plan specifically exclude from coverage the cost of an appendectomy, then any injuries caused by the refusal to cover the appendectomy are properly attributed to the terms of the plan itself, not the managed care entity that applied those terms. 4 Respondents also argue that ERISA § 502(a) completely pre-empts a state cause of action only if the cause of action would be pre-empted under ERISA § 514(a); respondents then argue that their causes of action do not fall under the terms of § 514(a). But a state cause of action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress’ clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon, 498 U. S.133, 142 (1990) (<HOLDING>). 5 ERISA § 514(b)(2)(A), 29 U. S. C. § 
 Holding statements: (A) holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing cause of action for equitable estoppel under erisa (E) recognizing the cause of action

Answer: (C)


Question: and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct 
 Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment

Answer: (B)


Question: due process required that a petitioner be given the opportunity to file a motion for a hearing by an article V judge and challenge the traffic commissioner’s findings as part of the trial de novo process before the article V judge entered judgment against him. Id. at 698. According to Dabin and Stiens, due process allows a party to file with an article V judge a motion for a hearing on the traffic commissioner’s findings and recommendations prior to entry of judgment. Upon considering the motion, the circuit judge may elect to grant a hearing and may consider admissible evidence not previously offered to the traffic commissioner because no final judgment has been entered in the case. See Slay v. Slay, 965 S.W.2d 845, 845 (Mo. banc 1998); Keck v. Keck, 969 S.W.2d 765, 766 (Mo.App.1998) (<HOLDING>). By granting a hearing after the traffic 
 Holding statements: (A) holding that the exercise of judicial power under article iii of the united states constitution requires an actual case or controversy (B) holding that this courts review is limited to the bia decision and the portions of the ijs decision that it expressly adopted (C) holding that appellate courts lack the authority to review a decision issued by a commissioner unless such decision is adopted by an article v judge because a commissioner is not authorized to exercise judicial power pursuant to article v of the missouri constitution (D) holding that definition of the term final decision has been left to the commissioner to flesh out by regulation (E) holding that an appellate court can review a district courts decision to remand when that decision rests upon a ground not authorized by statute

Answer:
(C)