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: purchases of EZ Seed.” (Weir Decl., Doc. #80). This model rests on the assumption that plaintiffs received no benefit whatsoever from purchasing EZ Seed. See, e.g., Brazil v. Dole Packaged Foods, LLC, 2014 WL 2466559, at *15 (noting a full refund model is based on the assumption that consumers received no benefit from the product). This model matches plaintiffs’ first theory of liability—that EZ Seed does not grow grass, and is thus valueless. If plaintiffs prove EZ Seed suffered from a defect that rendered the product completely ineffective, plaintiffs would be entitled to all of their money back. The full compensatory damages model satisfies Comcast because it measures damages properly if EZ Seed is valueless. See, e.g., Allen v. Hyland’s Inc., 300 F.R.D. 643, 671 (C.D.Cal.2014) (<HOLDING>); Ortega v. Natural Balance, Inc., 300 F.R.D. 
 Holding statements: (A) holding that defensive theory must be submitted to jury when theory is raised by evidence from any source (B) holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case (C) holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists (D) holding full restitution theory satisfies comcast when plaintiffs theory of liability is that the products are entirely ineffective (E) holding that the plaintiffs misconceived legal theory did not preclude it from obtaining relief under another theory

Answer: (D)


Question: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc.” As such, the Court finds that Mr. Klepacki’s opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

Answer: (E)


Question: argument, and we decline to address it further. IX. Attachment of Loan Proceeds Jeff also argues that the writ of attachment erred by stating that it applied to money that the Crider Entities might loan to him in the future. He asserts that any loan proceeds he might receive are not subject to garnishment or attachment because he must pay back such funds and, therefore, such funds are the property of the lender, not him. We disagree. Indiana’s statute listing property exempt from garnishment and attachment does not include loan proceeds as being exempt. See I.C. § 34-55-10-2. In fact, there is a federal statute that expressly exempts federal student loan proceeds from garnishment and attachment. See Brindle v. Arata, 940 N.E.2d 320, 322 (Ind.Ct.App.2010) (citing 20 U.S.C. § 1095a(d)) (<HOLDING>). Such a statute would seem to be unnecessary 
 Holding statements: (A) holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate (B) holding that the entirety of litigation settlement proceeds was taxable income to client not net after payment of attorney fees (C) holding that proceeds of a personal injury settlement are not exempt under missouri law (D) holding student loan proceeds did not lose exempt status after excess of proceeds after payment of tuition and fees was deposited in students bank account (E) holding payment in kind contracts are proceeds

Answer:
(D)