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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date." Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep't 2008)). I agree with Judge Weinstein's well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even
Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
holding that mandatory arbitration agreements in the employment context fall under the faa

to allege damages through June 30, 2006 is the focus of their motion."). Because the Government does not oppose Plaintiff supplementing the September 4, 2009 Complaint to seek damages through the end of 2009, the issue before the court is whether Plaintiff may supplement to allege a claim for damages incurred through December 31, 2009, or through December 31, 2010. See System Fuels, 73 Fed.Cl. at 211 ("Supplementation may be limited or curtailed to avoid prejudice." (citation omitted)). Although Plaintiff may have given the Government an estimate of 2010 damages as early as July 2010, Plaintiff did not identify the specific 2010 damages claimed or provide the Government with supporting documentation of those damages until April 20, 2011 t 4 Fed.Cl. 727 (2006) ("SMUD III") (<HOLDING>), aff'd in part, rev'd in part, 293 Fed.Appx.
Holding statements: (A) holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding (B) holding that smud was entitled to 39796234 in damages (C) holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater (D) holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request them (E) holding that smud was entitled to mitigation damages for costs incurred from may 15 1997 to december 31 2003
holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding

testified that Gollapudi admitted that he prepared and signed the W-2 forms and that they were false. Additionally, although Gollapudi presented evidence that the withholding amounts were true based on his "gross up" method, the District Court found this theory to be without merit based on the testimony of another IRS agent who demonstrated that no withholding was actually made. Moreover, it was established that the alleged withholding was never submitted to the IRS, but rather, was maintained in Gollapudi's corporate checking account. Furthermore, Gollapudi's reliance on Reynolds and Borman is misguided. Both of those cases involved 7206(1) charges for filing the wrong tax form. Reynolds, 919 F.2d at 437 ("Using the wrong form does not violate 7206(1)."); Borman, 992 F.2d at 126 (<HOLDING>). Furthermore, in Reynolds, the theory in the
Holding statements: (A) holding that materiality is not an element of 1542 because any false statement is sufficient (B) holding that plaintiff failed to prove reasonable reliance on a false statement (C) holding that form 4790 is not an administrative rule but is merely incidental to the statute and regulations and therefore false statements on the form can lead to criminal prosecution (D) holding that filing of improper form is not enough to establish false statement for 72061 purposes (E) holding that a false schedule c is an integral part of a tax return and is incorporated therein by reference thus giving rise to liability under 72061
holding that materiality is not an element of 1542 because any false statement is sufficient