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: such equitable relief as may be appropriate. 29 U.S.C. 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a "serious health condition" as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent's termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set
Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

SOLUTION: holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it

PROBLEM: the entirety ... to the extent that such interest as a tenant by the entirety ... is exempt from process under applicable nonbankruptcy law." 11 U.S.C. 522(b)(3)(B). a. Applicable Nonbankruptcy Law for Entirety Property Exemption To determine whether the Condominium is exempt from process, the court will look to the law of the situs of the real property. In this case that is Florida. "Under Florida law, entireties property is exempt from process to satisfy debts owed to individual creditors of either spouse. Entireties property is not exempt from process to satisfy the joint debts of both spouses." See In re Monzon, 214 B.R. 38, 40-41 (Bankr.S.D.Fla.1997) (citing Neu v. Andrews, 528 So.2d 1278, 1279 (Fla.Dist.Ct.App.1988) and Stanley v. Powers, 123 Fla. 359, 166 So. 843, 846 (1936) (<HOLDING>)). "Courts have generally recognized that
Holding statements: (A) holding that spouse could not claim exemption in property that was only property of other spouses estate (B) holding that an increase in the value of nonmarital property attributable to the efforts of one or both spouses during marriage is marital property (C) holding that a judgment debt against both spouses can be satisfied by selling the entireties property (D) holding that the irs may reach half of a nonliable spouses sole management community property to satisfy a liable spouses tax debt (E) holding that where one spouses arson destroyed the house which both spouses owned as tenants by the entireties the innocent spouse was entitled to recover under their fire insurance policy for her share of the loss

SOLUTION: holding that spouse could not claim exemption in property that was only property of other spouses estate

PROBLEM: are alleged to establish this claim. Id. And, although the Government had considerable leeway to make or withhold payments to affect contract completion, only payment to Plaintiff (or withholding payment altogether) would achieve Contract completion in this case. Id. at 10. The Government failed to do either. Id. B. The Court's Resolution. The June 30, 2009 Memorandum Opinion and Final Order considered Plaintiffs argu ment that notification of default or imminent default was "superfluous and unnecessary." United Surety, 87 Fed.Cl. at 589. The court rejected this argument, as a matter of law. Id. at 591. Instead, the court held that the Government owed no duty to a surety until notice is received. Id. (citing Fireman's Fund Ins. Co. v. United States, 909 F.2d 495, 499 (Fed.Cir.1990) (<HOLDING>)) (emphasis added). Plaintiff also argues that
Holding statements: (A) holding that obligee can recover from surety attorneys fees that are provided for in obligees subcontract so long as the total recovery against the surety does not exceed the penal amount of the bond (B) recognizing that the gjovernment as obligee owes no equitable duty to a surety unless the surety notifies the government that the principal has defaulted under the bond notice by the surety is essential before any governmental duty exists (C) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (D) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

SOLUTION:
holding that obligee can recover from surety attorneys fees that are provided for in obligees subcontract so long as the total recovery against the surety does not exceed the penal amount of the bond