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.
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Question: the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides’ summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection 
 Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery

Answer: holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract


Question: when there has been neither agreement nor adjudication of the fact. In that situation, the question is one of historical fact, which, until decided, cannot have anything to do with the child’s best interest. A different situation is presented, however, after paternity has been determined, whether by agreement or adjudication. Then, the best interest of the child necessarily is involved. The historical fact of parentage no longer stands alone; now it is intertwined with the interests of the child and no longer is capable of separation. Once paternity is established, § 5-1029 has no further role to play in that arena. The amendment to § 5-1038 does not change that, in my view, without, as there is not in this case, an amendment making it so. Contrary to the majorit , 1083 (1994) (<HOLDING>); Adoption/Guardianship No. 10941, 335 Md. 99, 
 Holding statements: (A) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (B) holding the best interest of the child standard does not violate federal constitutional principles (C) holding that the best interest of the child standard should be used in deciding whether to grant a paternity petition (D) holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity (E) holding court properly applied best interest of child standard when determining whether placement goal should be changed

Answer: holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted


Question: or disapproval of development plans. ¶ 53. Allowing the circuit court to balance the equities when an injunction is requested under Wis. Stat. § 59.69(11) will not render "meaningless the entire line of case law regarding the standard of unnecessary hardship which must be met in order for a variance applicant to be properly granted a variance." State's brief at 7. Instead, the circuit court, sitting in equity, should weigh heavily the factors considered by boards of adjustment in determining unnecessary hardship, see Wis. Stat. § 59.694(7)(c), as well as traditional equitable considerations. Equitable defenses, such as laches, estoppel, or unclean hands should also be weighed in appropriate cases. See, e.g., Ramaker v. Cities Service Oil Co., 27 Wis. 2d 143, 153, 133 N.W.2d 789 (1965) (<HOLDING>). See, also, Hargreaves v. Skrbina, 662 P.2d 
 Holding statements: (A) holding  he who seeks equity must do equity  (B) recognizing that a court is without jurisdiction to issue an injunction which would interfere with the rights of those who are not parties to the action (C) holding a shareholders derivative action even where the only relief allowed is a recovery of damages is nevertheless a suit in equity and not an action at law (D) recognizing that there may be situations where laches or estoppel would justify a court of equity in denying an injunction at the suit of private parties (E) recognizing that an injunction cannot bind parties who are not before this court

Answer:
holding  he who seeks equity must do equity