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: will "potentially eliminat[e] a substantial expenditure of time, resources, and money of the parties, their counsel, and the Court that may later be determined to have been unnecessary." Pis.' Br. filed Nov. 19, 2007, at 9. Because the opinion and order meets all of the requirements for certification, the court, in its discretion, grants plaintiffs' motion to certify an interlocutory appeal. Accordingly, IT IS ORDERED, as follows: 1. The paragraph of the ordering language on page 25 in the court's November 9, 2007 opinion and order is amended, as follows: Defendant's cross-motion for partial summary judgment is granted, and plaintiffs' motion for summary judgment is denied. Because controlling questions of law are involved with respect to which there are substantial grounds for di 5)
Holding statements: (A) holding that gross income can include interest or dividends accruing to fathers ira (B) holding that an overstatement of basis can constitute an omission from gross income within the meaning of irc 6501e1a (C) holding that trial judge has discretion to not include bonuses as part of gross income if he or she determines that the bonus income is not dependable or would place a hardship on a parent (D) holding gross receipts provision provides exception for trade or business to general meaning of gross income provided in section 61a so reporting of gross proceeds alone from sales of commodities would not prevent application of irc 6501e1a (E) holding gross receipts provision to supply exception to general definition of gross income in case of trade or business and applying irc 6501e1a to omission of income

SOLUTION: holding that gross income can include interest or dividends accruing to fathers ira

PROBLEM: of the Supreme Court of Pennsylvania and part of the "unified judicial system," is an arm of the state. See Callahan v. City of Philadelphia, 207 F.3d 668, 672 (3d Cir.2000) ("All courts and agencies of the unified judicial system ... are part of 'Commonwealth government' and thus are state rather than local agencies."). As a state agency, the Board has Eleventh Amendment immunity. See id. Therefore, as an arm of the state, Lucas may not sue the Board unless one of the three exceptions to Eleventh Amendment immunity apply. See MCI Telcomm. Corp., 271 F.3d at 503 (listing immunity exceptions). On appeal, Lucas argues that the Ex Parte Young exception precludes the bar of the Eleventh Amendment to the present action against the Board. Howe 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>). Neither of these exceptions are applicable in
Holding statements: (A) holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action (B) holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action (C) holding that a remedial scheme created by congress even if incapable of addressing all of plaintiffs injuries precluded a bivens action (D) holding that existence of a detailed remedial scheme shows congressional intent to prohibit recourse to the ex parte young fiction (E) holding that young will not apply where congress has created a detailed remedial scheme for the enforcement of a federal statutory right against a state

SOLUTION: holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action

PROBLEM: Tribe, 517 U.S. at 76, 116 S.Ct. 1114. The Court held that while Congress intended to abrogate Eleventh Amendment immunity it was without the authority to do so. Seminole Tribe, 517 U.S. at 73, 116 S.Ct. 1114. b. 42 U.S.C. 1983 Plaintiff contends all defendants individually and collectively, acting under the color of state law, deprived her of her property (gaming license) without due process of law and are thus liable under 42 U.S.C. 1983. Plaintiffs 1983 claim against the State and the KSGA may not go forward because a state or state agency is not a "person" for purposes of 1983. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 64, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Reiger v. Kansas Pub. Employees Retirement Sys., 755 F.Supp. 360 (D.Kan.1990) (Saffels, J.)(<HOLDING>). Plaintiffs assertion that KSGA is considered
Holding statements: (A) holding a state agency as an arm of the state cannot constitute a person under 1983 because it is a sovereign entity (B) holding state university is not a person under 1983 (C) holding kansas public employees retirement system is not as a state agency considered a person for purposes of 1983 liability (D) holding that a state is not a person under 42 usc 1983 (E) holding that a state is not a person within the meaning of 1983

SOLUTION:
holding a state agency as an arm of the state cannot constitute a person under 1983 because it is a sovereign entity