TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (B)

PROBLEM: because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: "Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State." Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state "affirmatively command[ed]" the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d
Holding statements: (A) holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision (B) holding 2254d authorizes federal court to review state courts decision only and not explanation of decision (C) holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law (D) holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights (E) holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines

SOLUTION: (E)

PROBLEM: willingness to consider impermissible factors such as ... age ... while engaging in one set of presumably neutral employment decisions ... might tend to support an inference that such impermissible considerations may have entered into another area of ostensibly neutral employment decisions here, an employee's termination." Conway v. Electro Switch Corp., 825 F.2d 593, 597-98 (1st Cir.1987). However, we agree with the district court that, standing alone, it is too remote in time to be linked with the decision to terminate Mulero. See Birkbeck v. Marvel Lighting Corp., 30 F.3d 507, 512 (4th Cir.1994) (finding that discriminatory comment made over two years prior to discharge was not evidence of age discrimination); Phelps v. Yale Security, Inc., 986 F.2d 1020, 1026 (6th Cir.) (<HOLDING>), cert. denied, 510 U.S. 861, 114 S.Ct. 175,
Holding statements: (A) holding that the litigation privilege did not preclude a malicious prosecution claim where the accusatorial statements that led to the plaintiffs arrest were made before the charges against him were filed and were not made during and were unrelated to the judicial proceeding (B) holding that statements that a company was recessionresistant and that it would maintain a high level of growth were too vague to constitute material statements of fact (C) holding that statement made eight months before employee was dismissed and one made at least ten months before were not too remote from the dismissal and thus properly admitted at trial as evidence of a discriminatory atmosphere where he who made the first statement may have participated in the decision to fire her and the other refused to block her termination (D) holding that statements made almost a year before layoff were too far removed to have influenced decision (E) holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement

SOLUTION:
(D)