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. 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.
PROBLEM: the only issues to be determined by the reviewing court were whether the Commission acted within the scope of its authority and whether the order complained of is reasonable and not arbitrarily made. See, In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002); In re Application of E. Neb. Non-stock Trucking Coop, 243 Neb. 662, 501 N.W.2d 712 (1993). The district court should have addressed those issues in this case. We do so here. The fact that 75-110 gives the Commission authority to adopt and promulgate rules and regulations which it "deems necessary to regulate persons within the commission's jurisdiction" does not require the Commission to exercise such authority in any given instance. See In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002) (<HOLDING>). Under 84-907.08, the Commission could
Holding statements: (A) holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate (B) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure (C) holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement (D) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (E) recognizing that commission is not bound by statutory or common law rules of evidence

SOLUTION: holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate

PROBLEM: 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

SOLUTION: holding that causation section of expert medical report was not eonclusory when read in context of entire report

PROBLEM: (Plaintiffs Pre-Trial Brief at 12). AFTC has not indicated the precise expense that it believes GFIA should have shouldered, or cited case law on the issue. AFTC's claim regarding legal fees is unpersuasive. The three A & M companies and GFIA were jointly represented by Greenberg Traurig regarding both the PSA, to which all four entities were signatories, and the PSA Action, in which all four entities were co-plaintiffs. The A & M companies and GFIA each benefited from that joint representation, and AFTC has not disputed that Greenberg Traurig's rates were reasonable. In such circumstances, parties are not required to divide legal expenses equally; one party may pay all legal fees for joint representation and still receive fair consideration in return. See Frank, 48 F.3d at 639 (<HOLDING>). AFTC has thus failed to establish that the A
Holding statements: (A) holding that where codefendants conducted a joint defense that provided a benefit to each defendant the joint services represented fair consideration for the payment of reasonable compensation regardless of which defendant paid the bill (B) recognizing ability of one or more joint tortfeasors to settle on behalf of themselves and another joint tortfeasor and then pursue that joint tortfeasor for its share of the settlement payment (C) holding that the rights conferred to a joint account holder by massachusetts statutes and case law in fact give a joint account holder legal title in a joint account (D) holding that childrens book for which plaintiff provided the text and defendant provided the illustrated photographs was a joint work in which each party owned an undivided ownership and thus neither could be held liable to the other for copyright infringement (E) holding in a class action derivative suit that the joint defense privilege cannot be waived without the consent of all the parties to the defense except in the situation where one of the joint defendants becomes an adverse party in a litigation

SOLUTION:
recognizing ability of one or more joint tortfeasors to settle on behalf of themselves and another joint tortfeasor and then pursue that joint tortfeasor for its share of the settlement payment