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.
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Question: policy becomes a composite of factors that bear on a better answer to the question, 'How shall the losses be distributed?' "). Slain and Kripke argued that "[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance." Slain & Kripke, supra, at 286. Analyzing the first risk that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, "stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full." Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308
Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding

Answer: (B)

Question: and to seek collateral relief (except for ineffective assistance of counsel)," United States v. Arevalo-Juarez, 464 F.3d 1246, 1248 (11th Cir.2006) (citation omitted), but only in judicial districts that participate in a[n] "early disposition program authorized by the Attorney General of the United States and the United States attorney for the district in which the court resides." U.S.S.G. 5K3.1. This court has rejected Bravo's argument that the "fast track" program creates a sentencing disparity, and we are bound by decisions of prior panels until overruled by this court sitting en banc or by the Supreme Court. See United States v. Anaya Castro, 455 F.3d 1249, 1252-1253 (11th Cir.2006) (addressing fast-track programs); United States v. Steele, 147 F.3d 1316, 1317-18 (11th Cir.1998) (<HOLDING>). 2 . This court has rejected the government's
Holding statements: (A) holding that in a multipanel circuit prior panel decisions generally are binding upon newlyconstituted panels (B) holding that the panel is bound by decisions of prior panels (C) holding that decisions by prior panels are binding (D) recognizing that a prior panels holding is binding on all subsequent panels (E) holding that a prior panel decision is binding on subsequent panels

Answer: (C)

Question: with the Native American employment preference. D. Alaskan Native Corporation Liability Under The Americans With Disabilities Act 1. The Americans With Disabilities Act Under Title I of the ADA, all "covered entities" are prohibited from discriminating against an individual on the basis of a disability, ... in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. 12112(a). A "covered entity" is defined as "an employer, employment agency, labor organization, or joint labor-management committee." 42 U.S.C. 12111(2); see also Carparts Distribution Center, Inc. v. Automotive Wholesaler's Ass'n of New England, 37 F.3d 12, 18 (1st Cir.1994) (<HOLDING>). Like Title VII, Congress has exempted certain
Holding statements: (A) recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive (B) holding that whether an employer is within adas coverage depends a great deal on circumstances (C) holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage (D) holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred (E) holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage

Answer:
(B)