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 other courts have concluded, outside the RICO and Clayton Act context, that "by reason of" should be read to require only "but for” rather than proximate causation. See, e.g., Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S.Ct. 2343, 2350, 174 L.Ed.2d 119 (2009) ("The words ‘because of' mean ‘by reason of: on account of.’ Thus, the ordinary meaning of the ADEA's requirement that an employer took adverse action ‘because of age is that age was the ‘reason’ that the employer decided to act. To establish a disparate-treatment claim under the plain language of the ADEA, therefore, a plaintiff must prove that age was the ‘but-for’ cause of the employer’s adverse decision.” (citations omitted) (emphasis added)); Robinson Knife Mfg. Co. v. C.I.R., 600 F.3d 121, 131-32 (2d Cir. 2010) (<HOLDING>); Spirtas Co. v. Ins. Co. of Pa., 555 F.3d 647, 
 Holding statements: (A) holding that in 26 cfr  1263ale3i the language  directly benefit or are incurred by reason of boils down to a butfor causation test (B) holding that fees incurred by debtor were not in the nature of support (C) holding in an appeal from a postanswer default judgment that third prong of craddock test required appellant to offer to reimburse appellee for legal expenses he incurred in obtaining default judgment even though most of the fees incurred had not been paid (D) holding that pursuant to the eaja courts may not award expenses of an attorney that are not incurred or expended solely or exclusively in connection with the case before the court (E) holding a tribe subject to 1 a tax on the use of certain highway motor vehicles 26 usc  4481a 2 a tax on diesel fuel used in highway vehicles 26 usc  4041a 3 a tax on special fuels used in motor vehicles 26 usc  4041b and 4 a tax on manufacturing in this case a truck chassis assembled by the tribe 26 usc  4061a 4218a

Answer: holding that fees incurred by debtor were not in the nature of support


Question: “good cause for delay.” United States v. Occhipinti, 851 F.Supp. at 526; United States v. El-Gabrowny, 844 F.Supp. 955, 959 (S.D.N.Y.1994). Next, a “sufficient” affidavit must satisfy the following requirements: (1) the facts must be material and stated with particularity; (2) the facts must be such that if true they would convince a reasonable man that a bias exists; and (3) the facts must show the bias is personal, and not judicial, in nature. McClelland v. Gronwaldt, 942 F.Supp. 297, 300 (E.D.Tex.1996) (citation omitted). To be found sufficient as a matter of law, the affidavit must show “ ‘a true personal bias and allege specific facts’ as opposed to mere conclusions and generalizations.” United States v. Occhipinti, 851 F.Supp. at 525; see United States v. Sykes, 7 F.3d at 1339 (<HOLDING>). This Circuit has observed that “judicial 
 Holding statements: (A) holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment (B) recognizing that an implied contract must result from a meeting of the minds of the parties in mutual assent to the terms and must be based upon a sufficient consideration free from fraud or undue influence not against public policy and sufficiently definite to be enforced (C) holding that course of dealing may render uncertain terms sufficiently definite (D) holding that the facts averred must be sufficiently definite and particular to convince a reasonable person that bias exists simple conclusions opinions or rumors are insufficient (E) holding that unsupported affidavits setting forth ultimate or conclusory facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment

Answer: holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment


Question: added)). 3 . The district court "preliminarily” found statutory jurisdiction to be proper. Because it believed statutory jurisdiction to be an element of an offense under United States v. Smith, 282 F.3d 758 (9th Cir.2002), the court then submitted the question of consent to the jury. The district court need not have taken this second step since consent was uncontested. 4 . We do not require nexus for stateless vessels. See Perlaza, 439 F.3d at 1161; United States v. Moreno-Morillo, 334 F.3d 819, 829 (9th Cir.2003). 5 . The First and Fifth Circuits have rejected the position that nexus is required for foreign vessels when the flag nation has consented to the application of United States law to the defendants. See United States v. Bustos-Useche, 273 F.3d 622, 627-28 (5th Cir.2001) (<HOLDING>); United States v. Cardales, 168 F.3d 548, 
 Holding statements: (A) holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation (B) holding that regulatory requirements are not jurisdictional in nature (C) holding gwaltney limited to jurisdictional question and does not prohibit recovery of past penalties in citizen suit if jurisdictional requirements met (D) holding that as a matter of law the embassy of a sovereign nation is a foreign state (E) holding that jurisdictional requirements were met because the flag nation consented to the enforcement of the mdlea over the foreign vessel

Answer:
holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation