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:
terms, “pending” refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster’s Third New Int’l Dictionary, 1669 (unabridged ed 1993) (pending means “not yet decided”). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an 
 Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing
answer:
(C)


question:
of the statute, the FDA’s regulations, the FDA’s internal interpretation, and precedent all demonstrate that a sterilizer for dental hand-pieces is a “device” as that term is defined in 21 U.S.C. § 321(h). That being so, both SteriSafe and its accessory SteriDot are within the jurisdiction of the FFDCA. Defendant nevertheless posits three reasons why SteriSafe and SteriDot are not devices. First, defendant argues that the government failed to prove that dental handpieces transmit disease and, thus, that SteriSafe actually prevents disease. Such proof is not required. Congress had two purposes in enacting' the FFDCA: (1) to regulate products that actually prevent disease, and (2) to regulate products that falsely claim that they prevent disease. Because of those d 1006 (9th Cir.1952) (<HOLDING>). Defendant next argues that the Steri-Safe is 
 Holding statements: (A) holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff (B) holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though expert witnesses expressed the unanimous belief that appellants instruments are useless for diagnosis or treatment of any human ailment (C) holding the expert witnesses were protected by witness immunity to ensure expert objectivity (D) holding in a case where there was no evidence that the expert was incompetent or that the petitioners lawyers had any reason to question the experts professional qualifications that it was objectively reasonable for  trial counsel to rely upon the experts diagnosis (E) holding that the admissibility of expert testimony was governed by state law
answer:
(B)


question:
The Court’s Resolution. Plaintiff is correct that 13 C.F.R. § 125.1(g) does not allow a contractor to include indirect costs, such as the REDACTED fee included in STOPSO’s proposal. AR Tab 13 at 2494 (REDACTED fee line). For that reason, the FBI contracting officer recalculated STOPSO’s “Proposal Cost/Price Fee: Total Price Summary” to exclude the REDACTED fee. AR Tab 46a, at 3476. In doing so, the contracting officer confirmed that STOPSO’s proposal was compliant and still well below Plaintiffs proposed price. Although the contracting officer could have brought this issue to the attention of STOP-SO for correction, under these circumstances, the court does riot consider the contracting officer’s decision to make the correction a material error. See Axiom Res. Mgmt., 564 F.3d at 1381 (<HOLDING>). To establish a lack of a rational basis, a 
 Holding statements: (A) holding that the court must find that the agency entirely failed to consider an important aspect of the problem offered an explanation for its decision that runs counter to the evidence before the agency or the decision is so implausible that it could not be ascribed to a difference in view or the product of agency expertise (B) holding law court will not overturn conclusions supported by competent and substantial evidence (C) holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence (D) holding an agency decision is not final during the time the agency considers a petition for review (E) holding that an error by the procuring agency must be clear and prejudicial to overturn an award decision
answer:

(E)