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.
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Question: (9th Cir.2003) (<HOLDING>).' Amara's remaining contentions are
Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter

Answer: (A)

Question: (Bankr.N.D.Ill.1999); In re Fisher, 151 B.R. 895, 898 (Bankr.N.D.Ill.1993). Other courts have held to the contrary. See, e.g., Rodriguez v. Countrywide Home Loans, Inc., 421 B.R. 341, 354-55 (S.D.Tex.2009) (collecting cases); Bank United v. Manley, 273 B.R. 229, 250 (N.D.Ala.2001); In re Tate, 253 B.R. 653, 662 (Bankr.W.D.N.C.2000); In re Williams, 244 B.R. 858, 865-66 (S.D.Ga.2000). There is also disagreement about whether the bankruptcy court may exercise jurisdiction over a nationwide class of debtors or is limited to exercising jurisdiction over debtors whose petitions are filed within the same judicial district. Compare, e.g., In re Noletto, 244 B.R. 845, 849 (Bankr.S.D.Ala. 2000) (permitting nationwide class) with Barrett v. Avco Fin. Servs. Mgmt. Co., 292 B.R. 1, 8 (D.Mass.2003) (<HOLDING>). The class at issue in this case was limited
Holding statements: (A) holding court of appeals lacks jurisdiction over the governments prosecutorial discretion decisions (B) holding court lacks jurisdiction over putative class members whose bankruptcies were discharged outside of judicial district (C) holding that it is not necessary that all putative class members share identical claims (D) holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members (E) holding that putative class members are not parties to an action prior to class certification

Answer: (B)

Question: no recovery is possible" Id. Jones reasserts her claim that Nationwide's practice of reimbursing the insured's deductible from the insurer's subrogation only on a pro rata basis calculated upon the percent of the insurer's recovery from a third party violates the common law made whole doctrine. Relying on Superior Court and federal court cases applying Pennsylvania law, Jones asserts, "Pennsylvania law provides that an insurance company cannot exercise its right of subrogation until the insured has been fully compensated or 'made whole.' " Brief at 6 (citing inter alia, Gallop v. Rose, 420 Pa.Super. 388, 616 A.2d 1027, 1031 (1992); Nationwide Mut. Ins. Co. v. DiTomo, 330 Pa.Super. 117, 478 A.2d 1381, 1383 (1984); Walls v. City of Pittsburgh, 292 Pa.Super. 18, 436 A.2d 698, 701 (1981) (<HOLDING>)). She observes that in Valora v. Pa. Employees
Holding statements: (A) holding that the language of 9133 applies only to insurers and not to the insurers employees (B) holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend (C) holding that a jury question as to an insurers bad faith arises when facts permit differing inferences as to the reasonableness of the insurers conduct (D) holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss (E) holding that an insurers duty to defend arises from the allegations in the complaint against the insured

Answer:
(D)