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: interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North
Holding statements: (A) holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration (D) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 (E) holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction

Answer: (C)

Question: policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on "the brokers" fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes 'arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties' loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d
Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

Answer: (A)

Question: the plaintiff returned to work with a note from his doctor stating that he was cleared for full duty. The meeting had no other purpose other than to discuss.the plaintiffs job status. The statements were made in the presence of the decisionmaker who affirmatively stated his agreement with them. And the statements "directly reflected] the alleged animus and b[ore] squarely on the contested employment decision." Febres, 214 F.3d at 60. As said in another context equally applicable here, "[g]iven these attributes, the statement cannot be dismissed as mere background noise or as a stray remark." Id. at 61 (citing Fernandes v. Costa Bros. Masonry, 199 F.3d 572, 583 (1st Cir.1999), abrogated on other grounds by Desert Palace, Inc. v. Costa, 539 U.S. 90, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003) (<HOLDING>)). Further, in my opinion, the statements are
Holding statements: (A) holding that in a discrimination case plaintiff must prove that firing was a result of intentional discrimination (B) holding that direct evidence of discrimination is not required to prove discrimination in mixed motive cases under title vii (C) holding that in title vii cases the mixedmotives theory of discrimination is available in cases with circumstantial evidence of discrimination (D) holding that in title vii cases the mixedmotive theory of discrimination is available in cases with circumstantial evidence of discrimination (E) holding that a claim for discrimination in private employment is not preempted by title vii

Answer:
(B)