instruction:
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.
question:
v. New York Stock Exchange, 373 U.S. 341, 357, 83 S.Ct. 1246, 1257, 10 L.Ed.2d 389 (1963). At the outset, we consider the effect of TAPAA's introductory paragraph. Section 1653(c)(1) prescribes that, "Notwithstanding the provisions of any other law," the owner of a vessel carrying trans-Alaska oil and the Fund "shall be strictly liable without regard to fault in accordance with the provisions of this subsection...." 43 U.S.C. 1653(c)(1). Section 1653(c)(1) is the general statement of liability, and as such it introduces the subsequent subsections which contain TAPAA's operational details. While some courts have found "notwithstanding" phrases to preempt explicitly the application of other laws, see, e.g., Complaint of Hokkaido Fisheries Co., Ltd., 506 F.Supp. 631, 634 (D.Alaska 1981) (<HOLDING>), we do not find the phrase dispositive in this
Holding statements: (A) holding that denial of permit under section 404 of the clean water act was a taking (B) holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act (C) holding that adequate notice is a mandatory precondition of a clean water act citizen suit (D) holding that the limitation act does not apply to claims brought under the clean water act (E) holding that similar notwithstanding language in the clean water act preempted application of limitation act to limit owners liability for cleanup costs
answer:
(E)

question:
make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State's motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client's behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, U.S. , , 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this
Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
answer:
(C)

question:
the Court of Appeals interpreted an assault and battery exclusion in a case stemming from an assault in a nightclub. There, club staff allowed persons previously removed from the club due to an altercation to reenter the club. Id. at 108. The two involved in the previous altercation again confronted one another and patrons "informed [club] security personnel of the ensuing melee, but they failed to take any action." Id. Interpreting the language of the policy, the Court of Appeals held that the insurer had no duty to defend because the negligence claim by the injured patron fell within the "based on assault and/or battery" exception. Id. at 109, 111. Numerous other cases have similar holdings. See, e.g., Detweiler v. J.C. Penney Cas. Ins. Co., 110 Wn.2d 99, 109, 751 P.2d 282 (1988) (<HOLDING>); Krempl v. Unigard Sec. Ins. Co., 69 Wn. App.
Holding statements: (A) holding that 1109a requires causal connection between breach and loss (B) holding that there must be some causal connection between the accident and the automobile allegedly involved for coverage to exist (C) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury (D) holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint (E) holding that liability arises out of an event so long as there is a causal connection between the event and the liability
answer:
(E)