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:
to recall the mandate discussed in Calderon, by comparison, seek the adjudication of constitutional claims; they do not constitute collateral attacks on the integrity of the court of appeals's judgment. Hence, they differ from true Rule 60(b) motions and must be denied. D. Having distinguished between SSHPs and Rule 60(b) motions, I nonetheless share the majority's general concern that petitioners will disguise the former as the latter to avoid AEDPA's restrictions. We must craft a holding that curtails this abuse. We do not write on a blank slate here, as virtually all of our sister circuits have addressed this issue. Some circuits have held that all Rule 60(b) motions are SSHPs, regardless of the nature of the claims presented. See Lopez v. Douglas, 141 F.3d 974, 975 (10th Cir.1998) (<HOLDING>); Gee v. Shillinger, 1998 WL 43155, *1-*2, 1998
Holding statements: (A) holding that the district court erred in failing to recharacterize a rule 60b motion as an sshp and reversing with the instruction to dismiss for lack of jurisdiction (B) holding that defenses under rule 60b may be waived (C) holding without specifying exceptions that rule 60b motions are sshps under aedpa (D) holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp (E) holding without extended discussion that the peti tioners rule 60b motion was an sshp under aedpa
answer:
(E)

question:
and reimbursement claim based on the plan. Looking to FEHBA's legislative history, the Court of Appeals for the Eighth Circuit concluded that the purpose of FEHBA was to establish health insurance for federal employees and that insurance carriers "help the government fulfill the basic task of establishing a health benefits program for federal employees." Id. at 1233. The Jacks court concluded that OPM "has direct and extensive control over these benefit contracts under the FEHBA." The court determined that even though the plan "allows the carrier the discretion to pursue subrogation," that "does not foreclose the application of the federal officer removal statute" because "the subrogation provision is necessarily a product of the benefit payment pro F.Supp.2d 848 (W.D.Mo.2011) (<HOLDING>); Van Horn v. Arkansas Blue Cross and Blue
Holding statements: (A) holding that health insurer contracted with fehba was not acting under a federal agency within the meaning of the federal officer removal statute (B) holding that the fact that the insurance carrier voluntarily entered into a mutually agreed upon contract with the opm to administer healthcare benefits to federally employed enrollees does not rise to the level of a relationship defined as acting under a federal officer (C) holding that a health plan insurer contracting with a government agency under a federal benefits program is considered a person acting under a federal officer (D) holding that the special relationship exception does not apply to the relationship between a student and a school (E) holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract
answer:
(B)

question:
are non-public records; (2) applying the capital collateral litigation work product exemption retroactively to a public records request that predated the October 1, 1995, effective date of the 1995 amendment to section 119.07(3)(); (3) dismissing his Brady claims; and (4) finding that the clemency materials are exempt from disclosure. We agree with the circuit court that the first category of withheld documents are either not public records or are exempt from disclosure under the work product exemption in section 119.07(3)(i). Even though this particular provision did not take effect until October 1, 1995, the legislative history indicates that the statute is remedial in nature and thus can be applied retroactively. See City of Orlando v. Desjardins, 493 So.2d 1027 (Fla.1986) (<HOLDING>). Roberts also argues that the amended statute
Holding statements: (A) holding that the cause of action accrued on the date of sale (B) holding that the statute does not apply retroactively to claims accruing prior to the effective date (C) holding that a chapter 7 debtor who claimed an invalid exemption in a cause of action had standing to pursue that litigation because the cause of action was excluded from the bankruptcy estate after no party in interest objected timely to the exemption (D) holding aedpa applicable to petition filed on or after aedpas effective date (E) holding that statutory work product exemption in chapter 119 was remedial in nature and thus applicable to cause of action that accrued prior to its effective date
answer:
(E)