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. 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.
question:
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
answer:
holding that mandatory arbitration agreements in the employment context fall under the faa

question:
Dr. Brewer's reports addressed the conduct of OGA's employees, Drs. Jacobs and Gunn, the reports identified Dr. Gunn as OGA's employee, and McCoy's original petition alleged that OGA was vicariously liable for the conduct of Jacobs and Gunn under the doctrine of respondeat superior and the requirements of the Texas Professional Association Act. See Troeger v. Myklebust, 274 S.W.3d 104, 110 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (rejecting claim that conduct of dentist, who was sole defendant, was not implicated because her name was omitted from expert report and holding that dentist waived challenges to expert report by failing to raise objections within twenty-one days after service); Univ. of Tex. Sw. Med. Ctr. v. Dale, 188 S.W.3d 877, 879 (Tex.App.-Dallas 2006, no pet) (<HOLDING>). In response, OGA disputes that its conduct
Holding statements: (A) holding that medical center was not required to be named in expert report addressing its residents conduct because plaintiffs alleged no directliability claims against it and noting that medical center was implicated in report and so waived all its objections when it failed to object to sufficiency of report within twentyone days after service (B) holding that causation section of expert medical report was not eonclusory when read in context of entire report (C) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (D) holding that expert report addressing hospitals conduct was not required when plaintiffs sole theory against hospital was vicarious liability based on ostensible agency and explaining that the conduct by the hospital on which the agency relationship depends is not measured by a medical standard of care these are principles of agency law on which no expert report is required (E) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a
answer:
holding that causation section of expert medical report was not eonclusory when read in context of entire report

question:
Patten's deposition. (Docket 34 at p. 1). Mr. Patten as the Rushmore building custodian is well-suited to describe the general condition of the sidewalk based on his knowledge and observations gained while working there. 6 .Consistent with the court's oral ruling at trial, the government's objection to the admission of Ms. Clermont's statement is overruled. See Docket 34 at p. 2. 7 . The Janis Court clarified that " ' [t]he duty to keep the properly reasonably safe is, in turn, a subpart of the general duty to exercise reasonable care' for the benefit of others." Id. at 501 (quoting Mitchell, 396 N.W.2d at 314) 8 . The accumulation of ice on the sidewalk where Ms. Larmon fell was not a natural accumulation of ice. See Budahl v. Gordon & David Associates, 323 N.W.2d 853, 855 (S.D.1982) (<HOLDING>). The South Dakota Supreme Court's decision in
Holding statements: (A) holding that a municipal corporation may be liable for injuries resulting from its failure to keep the shoulder of a highway in repair (B) recognizing the general rule that a property owner is not liable for the negligence of an independent contractor (C) holding a landlord liable for injuries sustained by a tenant who slipped on an icy sidewalk (D) recognizing a cause of action by the owner of contaminated property against a previous owner who allegedly caused the contamination (E) holding that an owner or occupant of properly is not liable to pedestrians for injuries resulting from a fall caused by the natural accumulation of snow and ice on a sidewalk in front of the property
answer:
holding that a municipal corporation may be liable for injuries resulting from its failure to keep the shoulder of a highway in repair