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:
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
answer:
(B)

question:
grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Id. (emphasis added). A defendant must also "file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded." Id. 1446(d). The removal statutes are construed narrowly. Pritchett v. Off its, including the District of Kansas, have also followed this approach. See, e.g., Berbig v. Sears Roebuck & Co., Inc., 568 F.Supp.2d 1033, 1039 n. 9 (D.Minn.2008) (stating that "a failure to comply with the requirements of [Section 1446(a) ] ordinarily is not grounds to deny removal"); Riggs v. Fling Irrigation, Inc., 535 F.Supp.2d 572, 579 (W.D.N.C.2008) (<HOLDING>); Yellow, 406 F.Supp.2d at 1215; In re Methyl
Holding statements: (A) holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule (B) recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings (C) holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this (D) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (E) holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured
answer:
(E)

question:
The latter case is L-1283. There Judge Brown's order of dismissal referred to the prior opinion of Judge Stanley, saying that no new legal or factual grounds were presented, and also expressed his view against the retro-activity of O'Callahan. Our record initially covered only the latter case, but we have since caused a supplementary record of the pertinent portions of the first proceeding to he incorporated in view of the appeal in both cases. Opportunity was afforded for additional memoranda addressing the supplemental record, but the parties did not find this necessary. The record now covers all the proceedings in both cases except a hearing transcript in the former case. Chief Judge Stanley's opinion indicates that there were no disputed f 22, 88 S.Ct. 1770, 20 L.Ed.2d 776 (<HOLDING>) ; Smith v. Crouse, Warden, 378 U.S. 584, 84
Holding statements: (A) holding retroactive application (B) holding retroactive the rule that persons with conscientious or religious scruples against capital punishment cannot be excluded from juries (C) holding that the act is retroactive (D) holding no retroactive application (E) holding that the act is not retroactive
answer:
(B)