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: 235, 239 (Fed.Cir.1988). On appeal, Mr. Baney does not challenge the Board’s determination that collateral estoppel bars his leave-related claims. We agree with the Board that Mr. Baney’s claims are barred by collateral estoppel because they challenge the same issues that Mr. Baney actually litigated and that were necessary to the decisions in previous proceedings. See, e.g., Baney v. Dep’t of Justice, 409 Fed.Appx. 319 (Fed.Cir.2010) (finding no USERRA violation for charging Mr. Baney with eleven and a half hours of AWOL in November 2008); Baney v. Dep’t of Justice, 263 Fed.Appx. 892 (Fed.Cir.2008) (finding no USERRA violation for charging Mr. Baney with 23 days of leave while on active military duty for 30 days); see also Baney v. Dep’t of Justice, 327 Fed.Appx. 895 (Fed.Cir.2009) (<HOLDING>). Accordingly, we affirm the Board’s decision 
 Holding statements: (A) holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant (B) holding that collateral attacks on bankruptcy courts jurisdiction are barred by res judicata (C) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (D) holding that mr baneys challenge to being charged with 208 hours of annual leave while on active military duty for 30 days was barred by the res judicata effects of our 2008 decision (E) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred

SOLUTION: (D)

PROBLEM: For example, courts have allowed individuals judicially to enforce treaties that govern the rights of foreign nationals to inherit property, despite the absence of explicit treaty wording providing for such individual enforcement, most likely because the right-granting wording in those treaties makes sense only if it is read to confer an individually enforceable right. See, e.g., Clark v. Allen, 331 US 503, 507-08, 67 S Ct 1431, 91 L Ed 1633 (1947) (dealing with such a treaty). On the other hand, an individual right of judicial enforcement will not be Inferred from the mere fact that a treaty sets out substantive rules of conduct that, if honored, would benefit individuals. See, e.g., Argentine Republic v. Amerada Hess Shipping, 488 US 428, 442, 109 S Ct 683, 102 L Ed 2d 818 (1989) (<HOLDING>); United States ex rel Lujan v. Gengler, 510 
 Holding statements: (A) holding that united states admiralty jurisdiction extended not only to the high seas but also to american vessels in foreign waters (B) holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states (C) holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties (D) holding that section 4625bc does not create a private right of action for money damages (E) holding that geneva convention on the high seas which provides that illegally boarded merchant ship shall be compensated for any loss or damage that may have been sustained does not create private right of action for foreign corporations to recover compensation in united states courts

SOLUTION: (E)

PROBLEM: OGA for breach of contract and conversion. The jury found for Hardi 4, 907 (Tex. Civ. App.—Houston [14th Dist.] 1969, writ ref'd n.r.e.) (permitting mother of deceased son to recover mental-anguish damages on her breach-of-contract claim against entity that improperly prepared son’s body for burial); Wornick Co. v. Casas, 856 S.W.2d 732, 734-35 (Tex. 1993) (setting forth elements of IIED claim and holding that defendant’s conduct was not outrageous as matter of law because defendant may assert its legal rights in permissible way, even if assertion causes mental anguish). The second is that mental anguish stemming from the birth and rearing of a health^ child is not a compensable injury. See Pressil v. Gibson, 477 S.W.3d 402, 410-11 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (<HOLDING>); cf. Delgado v. Methodist Hosp., 936 S.W.2d 
 Holding statements: (A) holding that plaintiff could recover both doubled damages under the state regulation of manufacturers distributors and dealers act and punitive damages in connection with the common law claim because the act expressly allows both types of damages (B) holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested (C) holding that a plaintiff could not recover mentalanguish damages because he had failed to rebut the defendants prima facie showing that the alleged trespass was not attended by words or acts of insult or contumely (D) holding that plaintiff could not recover mentalanguish damages in connection with the birth of healthy children (E) holding that in order to recover damages under the lanham act plaintiff must prove that there was a violation that plaintiff has been damaged and that there is a causal connection between the violation and those damages

SOLUTION:
(D)