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: interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North 
 Holding statements: (A) holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration (D) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc  1291 (E) holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction

Answer: (C)


Question: 106 S.Ct. at 2553. And if plaintiff cannot support each essential element of his claim, summary judgment must be granted because a complete failure of proof regarding an essential element necessarily renders other facts immaterial. Id. at 322-23, 106 S.Ct. at 2552-53. The Court reviews defendants’ motion for summary judgment in light of the forgoing standard. DISCUSSION There is no question in this case of Brod-nicki’s innocence. But, because “[t]he Constitution does not guarantee that only the guilty will be arrested,” Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2695, 61 L.Ed.2d 433 (1979), Brodnieki’s innocence is irrelevant to the question of whether there was probable cause for his arrest. Michigan v. DeFillippo, 443 U.S. 31, 36, 99 S.Ct. 2627, 2631, 61 L.Ed.2d 343 (1979) (<HOLDING>). The issue before the Court is whether the 
 Holding statements: (A) holding that the burden is on the defendant when the validity of the warrant is challenged (B) holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed (C) holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality (D) holding that where an arrest was premised on both legally and illegally obtained evidence the validity of the arrest would depend on whether the untainted information considered by itself establishes probable cause (E) holding that the validity of the arrest does not depend on whether the suspect actually committed a crime the mere fact that the subject is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest

Answer: (E)


Question: in Dow-rick, referring to Restatement, supra, Section 762, said: “The rationale for this rule ‘rests upon fundamental assumptions in free business enterprise. Each business enterprise must be free to select its business relations in its own interest.’ Id., comment a. The Restatement also recognizes that the rule covers a situation involving a lender and borrower. Id., comment d.” Id., 144 Vt. at 512, 481 A.2d at 400-401. The Bank’s privilege to refuse to do business with plaintiffs existed regardless of the motive for its decision. The fact that the Bank may have denied consent because of the earlier lawsuit is immaterial. See Turner Constr. Co. v. Seaboard Sur. Co., 98 A.D.2d 88, 469 N.Y.S.2d 725 (1983); see also Posa, Inc. v. Miller Brewing Co., 642 F.Supp. 1198 (E.D.N.Y.1986) (<HOLDING>). Thus, the Bank was privileged to decide not 
 Holding statements: (A) holding that woman has constitutionally protected right to determine for any reason or no reason to terminate her pregnancy (B) holding that there is no right to a setoff against a lawfully imposed condominium charge (C) holding that an atwill employee can be discharged for any reason or no reason unless employee is discharged for reasons that contravene a clear mandate of public policy (D) holding that refusal to maintain trade relations is an inherent right that every person may exercise lawfully for reasons he deems sufficient or for no reason whatever (E) holding that no person can commence or maintain an action in a court of record as agent for another unless he is a regularly licensed attorney

Answer:
(D)