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: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants’ Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke’s Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff’d 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b), 
 Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court  properly dismissed plaintiffs  fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

Answer: holding that when a term is defined in the statute it need not be further alleged in the indictment


Question: F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino’s testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This “gate-keeping” obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry, 
 Holding statements: (A) holding that dauberts basic gatekeeping obligation  applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

Answer: holding that the admission of expert testimony was prejudicial where the testimony was pervasive


Question: qualified counsel. UAW v. GMC, 497 F.3d at 626. To a large extent, the adequacy requirement tends to merge with the commonality and typicality criteria of Rule 23(a)(2) and (3). Amchem Prod., Inc. v. Windsor, 521 U.S. 591, 626 n. 20, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). As set forth above, Lead Plaintiffs’ interests and claims are common to and typical of the classes they represent. They do not have any interests that are antagonistic to those of the Class and the record reflects that they have pursued this litigation and the settlement negotiations vigorously, sharing the common goal of maximizing recovery. Thus, there is no conflict, intra-class or otherwise, that would defeat class certification. See Ford Motor Co., 2006 WL 1984363 at *19-20, 2006 U.S.Dist. LEXIS 70741 at *56 (<HOLDING>) For all of the foregoing reasons, the Court 
 Holding statements: (A) recognizing conflict (B) recognizing that only a conflict going to the very subject matter of the claims will defeat adequacy and there is no conflict with class members simply because the settlement may impact individuals differently (C) recognizing an exception to the conflict rule where the conflict arose after the award of the contract (D) holding that the court must consider the adequacy of the inquiry into the conflict the extent of the conflict and the timeliness of the motion (E) recognizing the conflict

Answer:
recognizing conflict