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.

and misunderstanding of the local rules involving summar he district court abused its discretion in denying their Rule 60(b)(3) motion for relief from judgment. See Hesling v. CSX Tramp., Inc., 396 F.3d 632, 638 (5th Cir.2005). The Sangis did not provide the district court with clear and convincing evidence that FCC engaged in fraud or other misconduct or that any misconduct prevented them from fully and fairly presenting their case. See Gov’t Fin. Servs. v. Peyton Place, Inc., 62 F.3d 767, 772 (5th Cir.1995). Rather the Sangis offered only allegations of fraud and misconduct. Nor have the Sangis shown exceptional circumstances to merit relief under Rule 60(b)(6). See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (<HOLDING>). IV. CONCLUSION For the foregoing reasons, the 
 Holding statements: (A) holding that the general rule that issues not raised in the lower court may not be addressed on appeal applies only to appellants (B) holding that privilege applies in similar factual circumstances (C) holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant (D) holding that cjredibility determinations are questions of fact and should only be overturned in extraordinary circumstances (E) holding that rule 60b6 only applies in extraordinary circumstances suggesting that the party is faultless in the delay
(E)

make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
(C)

established’ constitutional rights.” Noyola, 846 F.2d at 1025. After weighing James and Mellen’s interests, we conclude that this is not one of those rare cases where a public employer violated a clearly established constitutional right. We recognize that James’s interest in running for office is significant because “[political speech regarding a public election lies at the core of matters of public concern protected by the First Amendment.” Wiggins v. Lowndes County, 363 F.3d 387, 390 (5th Cir.2004). James argues that there is no public interest to weigh against his individual interest in running for office because the ability of the district attorney’s office to provide services was not in any way affected by his candidacy. See Vojvodich v. Lopez, 48 F.3d 879, 885-86 (5th Cir.1995) (<HOLDING>). We disagree. Mellen has presented evidence 
 Holding statements: (A) holding that termination is an adverse employment action (B) holding that reduction in workload is an adverse employment action (C) holding that conduct causing public humiliation was not an actionable adverse employment action because public perceptions were not a term or condition of employment of the plaintiffs employment (D) holding that an adverse employment action is unconstitutional unless the public employer shows a disruption in its ability to provide services (E) holding that denial of a bonus was not an adverse employment action

(D)