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

Center. v. National League of Postmasters of U.S., 497 F.3d 972, 974-75 (9th Cir.2007) (finding that Cedars-Sinai's claims were not preempted because they were "predicated not on the [service benefits] plan" but on a separate contract between the carrier and the medical services provider). Plaintiffs claim that Plaintiff never received compensation for the emergency care of B.G. directly relates to the processing and administration of the enrollee's covered claims which is governed by the Service Benefits Plan and the Contract between Blue Shield and OPM. Any obligation that Blue Shield could have to pay Plaintiff stems directly from the B.G.'s enrollment in the Service Benefit Plan and directly relates to the payment of B.G.'s benefits under the plan. See Hayes, 819 F.2d at 926 (<HOLDING>); Botsford, 314 F.3d at 396 ("Because the
Holding statements: (A) holding that tort claims arising out of the manner in which a benefit claim is handled are preempted by fehba (B) holding that breach of fiduciary duty claim was preempted by fehba (C) holding state law claims arising out of unions refusal to readmit union members preempted by 301 (D) holding that fehba does not completely preempt state law (E) holding that the plaintiffs state law claims are preempted by federal law
holding that breach of fiduciary duty claim was preempted by fehba

U.S.S.G. 3E1.1, cmt. n. 5. As noted, Mr. Amores pled guilty to two counts, but went to trial on the other three counts in the indictment. At the sentencing, the district judge denied a downward departure because Mr. Amores "required the government to go to trial on three counts, disputing the government's factual basis for a conviction." Ill R. at 14. Adjustments are not proper where a defendant "puts the government to its burden of proof at trial by denying the essential factual elements of guilt." U.S.S.G. 3E1.1, cmt. n. 2. Although there are "rare situations" where a defendant may exercise his right to proceed to trial and still be found to have demonstrated an acceptance of responsibility for his conduct, this is not such a case. Id.; see Gauvin, 173 F.3d at 806 (<HOLDING>). The district court's determination was not
Holding statements: (A) recognizing a remmer presumption but noting that sometimes the circumstances are such that the remmer presumption does not even apply (B) recognizing that such adjustments are rare (C) recognizing rule (D) recognizing change (E) holding that such provisions are valid
recognizing a remmer presumption but noting that sometimes the circumstances are such that the remmer presumption does not even apply