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. 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.
PROBLEM: in that the timely filing of such claims is both mandatory and jurisdictional. That limitation derives from the proposition of sovereign immunity. It is well established that a claim against the United States is barred absent waiver of sovereign immunity, " 'and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit.' " United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976) (quoting United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941)). A waiver of immunity cannot be implied; it must be "unequivocally expressed in the statutory text." Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092, 135 L.Ed.2d 486 (1996); FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (<HOLDING>). The United States has expressly consented to
Holding statements: (A) holding that the waiver of sovereign immunity must be clear and unequivocal (B) holding that the united states is liable for interest only in the event of a clear statutory waiver of sovereign immunity (C) recognizing federal constitutional claim against the united states (D) holding that federal courts have no subject matter jurisdiction to hear a claim against the united states or one of its agencies absent a clear waiver of sovereign immunity (E) holding that a lack of a waiver of sovereign immunity deprives federal courts of subject matter jurisdiction

SOLUTION: (D)

PROBLEM: "reasonable collection and legal costs" to DLL in the event of a breach by Dr. Rozentsvit. DLL claimed it had incurred $6,898.00 in counsel fees in pursuing its breach of contract and collection action against Dr. Rozent-svit. DLL also attached an affidavit from counsel and the appropriate billing records to support its claim. In conclusion, DLL requested the court to assess costs in the amount of $6,898.00 to Dr. Rozentsvit. 23 In substance, DLL's "petition to assess collection and legal costs" was intended to perform the same function as a motion pursuant to Rule 227.1. Had DLL simply labeled its petition as a "motion for post-trial relief," Dr. Rozentsvit could not dispute its validity. See Gemini Equipment Co. v. Pennsy Supply Inc., 407 Pa.Super. 404, 595 A.2d 1211, 1214 (1991) (<HOLDING>). Moreover, DLL timely filed its petition on
Holding statements: (A) holding reasonable an agency determination that a request for an investigative file did not include the employment file (B) holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition (C) holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence (D) holding defendants argument the court erroneously denied his motion to suppress was reviewable as a constitutional issue even though defendant failed to raise the issue in a written posttrial motion (E) holding defendant did not waive issues by failing to file posttrial motions where defendant did file petition for reconsideration which was intended to function as posttrial motion

SOLUTION: (E)

PROBLEM: Appellants asserted below. See Harper, 138 Fed.Appx. at 132-33 (dismissing Fair Debt Collection Practices Act claims); Figueroa v. Merscorp, Inc., 766 F.Supp.2d 1305, 1316 (S.D.Fla.2011) (dismissing a RICO claim under Rooker-Feldman); Distant v. Bayview Loan Servicing, LLC, No. 09-61460-CIV, 2010 WL 1249129, at *3 (S.D.Fla. Mar. 25, 2010) (unpublished)("AIthough plead as conspiracy claims ..., Plaintiff is clearly asking this Court to invalidate the state court action by ruling that the state court foreclosure judgment is somehow void. Under the Rooker-Feldman doctrine, ... this Court lacks subject matter jurisdiction, as Plaintiff seeks a de facto appeal of a previously litigated state court matter."); Simpson v. Putnam Cnty. Nat'l Bank of Carmel, 20 F.Supp.2d 630, 633 (S.D.N.Y.1998) (<HOLDING>); Smith v. Wayne Weinberger, P.C., 994 F.Supp.
Holding statements: (A) holding that a party is not entitled to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment (B) holding that after a judgment entry grants a decree of foreclosure and order of sale the foreclosure action cannot be dismissed as the judgment is final (C) holding that a foreclosure judgment was not subject to federal review under rookerfeldman and noting that the fact that plaintiff alleges that the foreclosure judgment was procured by fraud and conspiracy does not change that result (D) holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale (E) holding that 24 foreclosure was substantial under the facts of that case

SOLUTION:
(C)