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: policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on "the brokers" fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes 'arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties' loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d
Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

SOLUTION: (A)

PROBLEM: the juror rather than leaving a doubt as to his or her impartiality." Weinstein Design Group, Inc. v. Fielder, 884 So.2d 990, 994 (Fla. 4th DCA 2004) (quoting Bryant v. State, 765 So.2d 68, 71 (Fla. 4th DCA 2000)). We conclude that prospective jurors Forber and Spurlin's responses were sufficient to create a reasonable doubt as to their impartiality. Admittedly, the State attempted to rehabilitate these prospective jurors and they said they could follow the jury instructions and be fair and impartial. However, based on the totality of the answers given, we find a reasonable doubt as to the ability of these two prospective jurors to serve impartially in this case. Consequently, they should have been stricken for cause. See, e.g., Somerville v. Ahuja, 902 So.2d 930 (Fla. 5th DCA 2005) (<HOLDING>); Bell v. Greissman, 902 So.2d 846 (Fla. 4th
Holding statements: (A) holding that the trial court did not err by allowing the prosecution to question prospective jurors regarding their ability to announce a death sentence in an appropriate case (B) holding that prospective jurors should have been excused for cause because they did not affirmatively state that their bias against the plaintiffs would not affect their ability to render an impartial verdict (C) holding that a defendant could not establish stricklands prejudice prong because any erroneous exclusion of an impartial juror was harmless because we have every reason to believe the replacement was also an impartial juror the defendant does not dispute that he was convicted and sentenced by an impartial jury and he presents no reason to think that a jury composed of a slightly different set of impartial jurors would have reached a different verdict (D) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (E) holding that the trial court did not abuse its discretion in refusing to strike for cause two potential jurors who had heard andor read about the case but indicated that they could render a fair and impartial verdict based on the evidence presented

SOLUTION: (B)

PROBLEM: Mathews has named a number of white employees whom he believes were similarly situated and were not terminated. From an examination of the affidavits in the record, it appears that employees named Schmidt, Hoile, Warner, Blanford and "Moonehicken" possibly had attendance problems. See generally Flint, Figueroa, Gamble, Hines and Wedge Affs. However, these affidavits, besides being primarily hearsay and speculation, contain only general statements regarding these individuals' behavior that do not meet Mathews' burden of establishing that these Caucasian employees also repeatedly violated Giant policies, that Giant policies required the employees' termination and that the employees were not terminated. See Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 962 (4th Cir.1996) (<HOLDING>). Therefore, Mathews has failed to establish
Holding statements: (A) holding that affidavits that are conclusory and based on hearsay can not be used to oppose motion for summary judgment (B) holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible (C) holding that statements in affidavits based solely on hearsay are inadmissible as summary judgment evidence (D) holding that unsworn statements signed under penalty of peijury can be used to oppose a motion for summary judgment (E) holding affidavits based on conclusory allegations insufficient at summary judgment

SOLUTION:
(A)