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:
designs. Moreover, we also note that the similarity of the products need not be identical, as Exmark seems to argue, because the similarity may be defined in terms of the defect and any differences among the products may merely go to the weight of the evidence and not its discoverability or admissibility. See Jackson v. Firestone Tire & Rubber Co., 788 F.2d 1070, 1082-88 (5th Cir.1986); see also Uniroyal Goodrich Tire, 977 S.W.2d at 341; Davidson Oil Country Supply, Inc. v. Klockner, Inc., 908 F.2d 1238, 1245 (5th Cir.1990). We note that many other decisions from courts around the nation reject the notion that discovery in a strict product liability case is uniformly limited to the specific product at issue. See, e.g., In re Cooper Tire & Rubber Co., 568 F.3d 1180, 1191 (10th Cir.2009) (<HOLDING>); Brownlow v. General Motors Corp., No.
Holding statements: (A) holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware (B) recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available (C) holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law (D) holding that plaintiffs allegation that defendant had exclusive knowledge as the manufacturer did not support claim that defendant was aware of a defect (E) holding that discovery on other tires was not overbroad where plaintiffs alleged that defendant was aware of tread separation problem
answer:
(E)

question:
to the federal district court, see 28 U.S.C. 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a "fire code official" under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants' motion and dismissed Preston's case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston's appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927
Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc 7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
answer:
(E)

question:
Granting Summary Judgment or in the Alternative a Notice of Appeal"). It is well-setded that courts should construe the requirements of Rule 3(c) liberally where the document is the functional equivalent of a technically proper notice of appeal. See, e.g., Smith v. Barry, 502 U.S. 244, 248, 112 S.Ct. 678, 681-82, 116 L.Ed.2d 678 (1992) ("Courts will liberally construe the requirements of Rule 3."); Torres v. Oakland. Scavenger Co., 487 U.S. 312, 316-17, 108 S.Ct. 2405, 2408-09, 101 L.Ed.2d 285 (1988) (if a document is "technically at variance with the letter of [Rule 3], a court may nonetheless find that the litigant has complied with the rule if the litigant's action is the functional equivalent of what the rule requires"); Ayala v. United States, 980 F.2d 1342, 1344 (10th Cir.1992) (<HOLDING>). To the extent plaintiff's combined document
Holding statements: (A) holding that settlement documents were admissible under both section 90408 and federal rule of evidence 408 because the documents were offered not to establish liability but to establish violation of consumer credit laws (B) holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable (C) holding that because the record does not indicate that the extraneous documents or averments were excluded by the court we must assume that they were considered (D) holding repeated claims by attorney to client that documents were forthcoming constituted misrepresentations in violation of rule 3284c when the documents were not actually ready (E) holding that documents technically at variance with rule 3c were nevertheless valid because they were the functional equivalent of a proper notice of appeal
answer:
(E)