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.

Q: case because in Revenue Cabinet, as here, the sales tax statute did not impose a test for passage of title, and an administrative rule did impose a test for passage of title. Id. at 738-39. Here, Hales makes no claim that the impermanence of its materials results in a generally understood, implicit agreement to pass title at some point before delivery. Moreover, our statute requires an explicit agreement on passage of title before the statutory presumption can be rebutted; there is no obvious provision in this statute for an implicit understanding, which the Kentucky court thought sufficient. Consequently, the facts of Revenue Cabinet are inapposite and its result is inapplicable to the case at bar. See also Kurtz Concrete, Inc. v. Spradling, 560 S.W.2d 858, 862 (Mo.1978) (en banc) (<HOLDING>). We hold that the Commission applied the
Holding statements: (A) holding that title insurer not in business of supplying information in issuing either title commitment or policy of title insurance for purposes of exception to moorman prohi bition against recovery of economic losses in tort further holding that contract defines title insurers liability (B) holding that title passes on mixture of readymix concrete because of usage of trade (C) recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim (D) holding in a slander of title action that attorneys fees are recoverable as part of the costs of removing the cloud from the title (E) holding that void deed is neither title nor color of title

A: (B)
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Q: The Court agrees with Magistrate Judge Harvey that Ms. Toomer offers, no evidence of Ms. Stiger's threat other than her own self-serving assertions and that such unsupported, self-serving assertions do not give rise to a triable issue of fact. See, e.g., Taylor v. FDIC, 132 F.3d 753, 762 (D.C. Cir. 1997) (when scrutinizing motions for summary judgment courts "examine the facts in the record and reasonable inferences in the light most favorable to the nonmoving party, but do not accept bare conclusory allegations, as fact") (internal citations omitted); Ward v. District of Columbia, 950 F.Supp.2d 9, 17 (D.D.C. 2013) ("[S]elf-serving assertions are not sufficient to create an issue of material fact."); Musgrove v. Gov't of the District of Columbia, 775 F.Supp.2d 158, 170 (D.D.C. 2011) (<HOLDING>). Even if unsupported, self-serving assertions
Holding statements: (A) holding conclusory statements in affidavits and deposition testimony standing alone are insufficient to withstand a properlysupported motion for summary judgment (B) holding that evidence of alleged limitations obtained soon after accident was without more insufficient to survive summary judgment (C) holding that adverse inference alone insufficient to support a motion for summary judgment (D) holding that a plaintiffs selfserving deposition testimony was not enough for her fdcpa claim to survive summary judgment but that a consumer survey may have been sufficient (E) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment

A: (E)
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Q: the litigation in the form cast or in the plaintiffs chosen forum"). [ 9] If this Court were to retain jurisdiction only over those claims which arguably are barred by the relevant statutes of limitations and dismiss the remaining causes of action, this would force Sander-son to proceed in a manner akin to an improper splitting of his cause of action. See Freed v. Unruh, 1998 ND 34, 10, 575 N.W.2d 433 (allowing plaintiff to proceed with lawsuit would be analogous to an improper splitting of cause of action); Farmers Ins. Exchange v. Arlt, 61 N.W.2d 429, 434 (N.D.1953) (stating when there is a single cause of action, although there may be different kinds of damages, only one suit can be brought); Jacobson v. Mutual Ben. Health & Accident Ass'n, 73 N.D. 108, 11 N.W.2d 442 (1943) (<HOLDING>). Cf. Choice Fin. Group v. Schellpfeffer, 2005
Holding statements: (A) holding that attorneys claim for professional services against person sui juris or against property of such person must rest upon contract of employment express or implied made with person sought to be charged or with his agent (B) holding a person who has availed himself of part of single claim or obligation in action or defense is thereafter estopped from enforcing the remainder of it (C) holding that a motion to intervene is not dispositive of a claim or defense of a party (D) holding that in class action the claim or defense of the representative party must be typical of the claim or defense of each member of the class (E) holding that the rule of splitting of causes of action as related to res judicata does not permit the owner of a single or entire cause of action or an entire indivisible demand to divide or split that cause of action and that all damages from a single wrongful act must be claimed in one action

A:
(B)
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