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. 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.
PROBLEM: by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury "same protections as other constitutional rights"); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly "in deference to the constitutional guarantee of the right to a jury trial"); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption
Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding without reference to supreme court case law to the contrary that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government

SOLUTION: holding that prospective waivers of claims are void as against public policy

PROBLEM: are reasonably susceptible to two different interpretations, and therefore are ambiguous. See Westchester Surplus Lines Ins. Co. v. Keller Transp., Inc., 382 Mont. 72, 365 P.3d 465, 470 (Mont. 2016). Montana law construes ambiguous provisions "against the insurer and in favor of extending coverage." Id. We therefore reject United Fire's argument that the Premises Endorsements limit coverage to incidents that occurred on the St. George premises. Because the Premises Endorsements purport to cover claims "arising out of ... the use of' the St. George premises, they are sufficiently capacious to include coverage for bodily injury in Montana that flows from or grows out of the use of the St. George premises. See State Farm Mut. Auto. Ins. Co. v. Ferrin, 311 Mont. 155, 54 P.3d 21, 23 (2002) (<HOLDING>). Thus, United Fire had a duty to defend
Holding statements: (A) holding that an arising out of exclusion applies to claims flowing from or growing out of the excluded activity (B) holding that the phrase arising out of the use is ambiguous and interpreting it as originating from or growing out of or flowing from (C) holding that insurance provisions excluding damage arising out of the use of land motor vehicles subject to registration and damage arising out of the use of land motor vehicles if the injury or damage occurs away from the insured premises were ambiguous because together they could be read in four different ways (D) holding claim for injuries arising out of use of truck and not from negligent supervision excluded from coverage by auto exclusion in commercial general liability policy no claim that language in policy was ambiguous or unclear (E) holding phrase arising out of the ownership maintenance or use of a motor vehicle as contained in um policy should be given same interpretation as in automobile liability policies

SOLUTION: holding that an arising out of exclusion applies to claims flowing from or growing out of the excluded activity

PROBLEM: 1603(b)(2). If either of these arguments holds true, the district court would have removal jurisdiction. Otherwise it would not. EOTT, in its supplemental brief, also argued to the Court that an alternative basis for jurisdiction is diversity pursuant to 28 U.S.C. 1332. It was brought to our attention by Appellants that plaintiff EOTT and defendant Lexington Insurance Corporation are both incorporated in Delaware. If that is indeed the case the record is silent on Lexington's state of incorporation there would be no diversity jurisdiction. On remand, the district court should determine whether there was complete diversity at the time removal was sought, or, if not, at the time it entered its final judgment. Harris v. Provident Life & Acc. Ins. Co., 26 F.3d 930, 932 (9th Cir.1994) (<HOLDING>); see also O'Halloran v. University of
Holding statements: (A) holding that where a litigant objects to removal but fails to apply for an interlocutory appeal to preserve an attack on removal jurisdiction the district courts judgment can be upheld if the court would have had original jurisdiction of the case at final judgment (B) holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment (C) holding that review of an original removal decision and a subsequent removal order are distinct (D) holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial (E) holding that a motion brought under rule 60b6 two years after the district courts judgment was untimely where the reason for the attack upon that judgment was available for attack upon the original judgment

SOLUTION:
holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment