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. 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.
PROBLEM: Jones v. Wilson (In re Wilson), 72 B.R. 956 (Bankr. M.D.Fla.1987); McCullough v. Suter (In re Suter), 59 B.R. 944 (Bankr.N.D.Ill.1986). Palmer argues that the BAP erred in distinguishing among the various subsections of section 523 on the issue of the discharge of punitive damages. He notes that courts have found that punitive damages are nondischargeable under section 523(a)(4), which bars discharge of debts “for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny,” 11 U.S.C. § 523(a)(4), and under section 523(a)(6), which bars discharge of debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” 11 U.S.C. § 523(a)(6). See, e.g., Klemens v. Wallace (In re Wallace), 840 F.2d 762 (10th Cir.1988) (<HOLDING>); Moraes v. Adams (In re Adams), 761 F.2d 1422, 
 Holding statements: (A) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (B) holding that punitive damages are not fines (C) holding punitive damages nondischargeable under  523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment (D) holding without discussion of the punitive damages issue that both actual and punitive portions of judgment for defalcation while acting in a fiduciary capacity were nondischargeable (E) holding a court may not award punitive damages

SOLUTION: (A)

PROBLEM: June 1993 was being denied. Katz asserts that he never received the letter and, therefore, until March 27, 1995, when he received the notice of the denial of coverage, Colonial had led him to believe that his policy covered registered nursing care provided at a general hospital. As the dispute as to whether Katz actually received the letter cannot be resolved at this juncture, I now consider whether, if he did not receive the letter, Colonial should be estopped from denying coverage for the October/November private nursing care. In order to prevail under the doctrine of equitable estoppel, Katz must show (1) a material representation, (2) reasonable reliance upon that representation, and (3) damage resulting from that representation. Lee v. Burkhart, 991 F.2d 1004, 1009 (2d Cir.1993) (<HOLDING>). Katz asserts that Colonial’s failure to 
 Holding statements: (A) recognizing difference between tolling and equitable estoppel (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing the cause of action (E) recognizing cause of action for equitable estoppel under erisa

SOLUTION: (E)

PROBLEM: internal patterns, or other distinctive characteristics, taken in conjunction with circumstances”). Additionally, a party may authenticate an exhibit by any means listed in Federal Rules of Evidence 901(b) and 902. See Fed.R.Evid. 901(b) (providing ten approaches to authentication such as voice identification, public records, data compilations, and nonexpert opinions on handwriting); Fed.R.Evid. 902 (self-authenticating evidence such as public documents under seal, certified copies of public records, newspapers, and acknowledged documents). While evidence must be authenticated before the court considers it, it does not have to be authenticated with the motion for which it is being used. See Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1550-51 (9th Cir.1989) (<HOLDING>). Prime’s counsel’s affidavit asserting 
 Holding statements: (A) holding that the admission of a statement obtained in violation of miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 resulted in harmless error because the defendant repeated the substance of the statement in a later admissible statement (B) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (C) holding that the district courts improper admission of an unauthenticated registration statement was harmless because the proponent of the registration statement later properly authenticated the statement in a motion to reconsider (D) holding that in employees age discrimination suit against former employer supervisors statement to employee was not hearsay even though the statement was offered for its truth because the statement was an admission by a party opponent (E) holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at trial

SOLUTION:
(C)