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:
tam complaints, Relator Mayes and Relators Lutz and Webster have filed amended complaints. 2 . In briefing related to the multiple pending motions to dismiss, some Defendants argue that the 2010 amendment that made it clear that a claim resulting from an AKS violation was a false claim operated only in a prospective nature, (See, e.g,, Dkt. No. 146-1 at 17). However, this Court finds that the weight of authority supports the conclusion that the 2010 amendment adding 42 U.S.C. 1320a-7b(g) was merely a clarification of the law; claims tainted by AKS violations constitute false claims for the purposes of the FCA regardless of whether the violation occurred before or after the 2010 amendment. See, e.g., U.S. ex rel. Wilkins v. United Health Grp., Inc., 659 F.3d 295, 312 n.19 (3d Cir. 2011) (<HOLDING>); U.S. ex rel. Westmoreland v. Amgen, Inc., 812
Holding statements: (A) holding that a legislative amendment that appeared to approve the analysis of a recent indiana supreme court case was a clarification rather than an amendment (B) holding the sixth amendment applicable to the states through the fourteenth amendment (C) holding that the fourteenth amendment incorporated the sixth amendment right to counsel (D) holding that federal rule of civil procedure 15c2 giving court discretion to permit amendment of complaint applies to 2255 petitions insofar as a district court may in its discretion permit an amendment to a petition to provide factual clarification or amplification after the expiration of the oneyear period of limitations as long as the petition itself was timely filed and the petitioner does not seek to add an entirely new claim or new theory of relief (E) holding that the 2010 amendment was a clarification
answer:
(E)

question:
to exempt every alien who seeks to adjust his or her status under 245(i) after illegally reentering the United States following removal. Where Congress intended 241(a)(5) not to pose a barrier to adjustment of status for aliens who illegally reentered the United States, it made a special exception to the general rule. Because Lino does not fall within the exception, she is bound by the general rule disqualifying aliens who illegally reentered the country from seeking adjustment of status. Finally, six circuits have held that 241(a)(5) precludes aliens subject to reinstatement orders from obtaining adjustment of status pursuant to 245(i). See De Sandoval v. U.S. Attorney Gen., 440 F.3d 1276, 1284-85 (11th Cir.2006); Berrum-Garcia v. Comfort, 390 F.3d 1158, 1163 (10th Cir.2004) (<HOLDING>); Lattab v. Ashcroft, 384 F.3d 8, 21 (1st
Holding statements: (A) holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect (B) holding that petitioners claim is not one to the attorney generals decision or action to execute a removal order either since the facts relevant to their claim took place well before any decision by the attorney general to execute a removal order (C) holding that once a petitioners prior removal order has been reinstated he no longer qualifies for any relief under the ina regardless of whether his application was filed before or after the reinstatement decision was made (D) holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening (E) holding that a federal court must order arbitration once it is satisfied that an agreement for arbitration has been made and has not been honored
answer:
(C)

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from taking a position that is "contrary to a position previously taken in the same or earlier proceeding." Ergo Science, Inc. v. Martin, 73 F.3d 595, 598 (5th Cir.1996). Because the S.E.C. representations were neither made by Surety Bank nor made in judicial proceedings, they cannot serve as the basis for estopping the Bank. III. The district court did not err in refusing to give full faith and credit to the Tennessee judgment. The judgment of the district court is therefore AFFIRMED. 2 . See Erie R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938)("Except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state."). 3 . See also In re Maddron, 1991 WL 135467, *4 (Tenn. Ct. App. July 25, 1991)(<HOLDING>). 4 . In his reply brief, the Receiver points
Holding statements: (A) holding that a judgment as to the title in a prior litigation was not subject to collateral attack (B) holding that a foreign judgment for alimony and child support arrearages was not subject to attack in wyoming except on grounds that would permit attack upon any other money judgment such as want of jurisdiction in the court entering the judgment or lack of service so as to vest jurisdiction over the defendant (C) recognizing that only void judgments are subject to collateral attack and that a judgment is void only when court had no jurisdiction of the parties or property no jurisdiction of the subject matter no jurisdiction to enter the particular judgment or no capacity to act (D) holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions (E) holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment
answer:
(D)