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. 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.
PROBLEM: states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments § 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) (“[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew’s evaluation prior to the arbitration proceeding.”). But see Klein v. Comm’r, 880 F.2d 260, 263 (10th Cir.1989) (“A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence.”); Calcutt v. Comm’r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness 
 Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action

SOLUTION: holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial

PROBLEM: the bankruptcy court’s power to control dissemination of information more broadly. Judge Steven Gerling, for example, observed in In re Bennett, that If the information [sought to be protected] does not represent trade secrets or confidential research, development or commercial information, then whether to permit access to the information is a matter left to the Court’s discretion. It requires the Court to examine the relevant facts and circumstances and then to balance the interests of the party opposing disclosure with that of the public. In re Bennett, 226 B.R. 331, 336 (Bankr.N.D.N.Y.1998); see also In re Orion Pictures, 21 F.3d 24, 27 (2nd Cir.1994) (discussing § 107 and use of records for improper purpose); In re Robert Landau Associates, 50 B.R. 670, 675-76 (Bankr.S.D.N.Y.1985) (<HOLDING>); but see In re Phar-Mor, 191 B.R. 675, 679 
 Holding statements: (A) holding provision in contempt order void because it punished relator for violating order that trial court lacked authority to enter (B) holding that when the trial court signed an order dismissing the plaintiffs complaint but refused to enter a final judgment on that order the order refusing to enter judgment was appealable under former ors 190102a (C) holding the court has the inherent authority to enter an order of confidentiality (D) recognizing inherent authority but vacating order not supported by necessary findings (E) holding that while a magistrate lacked the authority to enter an order granting a motion to correct error and thus that the order was defective for failing to contain the judges signature or another indication it was approved or adopted by the trial court the city waived any challenge to the validity of the order by failing to make a timely objection and observing that the indiana supreme court has long held that defects in the authority of a court officer as opposed to the jurisdiction of the trial court itself to enter a final order will be waived if not raised through a timely objection and more recently this court has applied the same principle to civil proceedings and clarified that any objection to the authority of an adjudicative officer must be raised at the first instance the irregularity occurs or at least within such time as the tribunal is able to remedy the defect

SOLUTION: holding provision in contempt order void because it punished relator for violating order that trial court lacked authority to enter

PROBLEM: which would have reported violence at New York City detention facilities. Complt. ¶¶ 19-22. He conclusorily alleges that these prior incidents established a policy or custom of violence against prisoners, and that the Supervisory Defendants were aware of and allowed this policy to continue. Complt. ¶¶ 13-26. Given the passage of time and the installation of a new DOC Commissioner and other supervisory staff between the prior violent incidents and the alleged abuse of Plaintiff, as well as the general failure of Plaintiff to plausibly allege that a policy or custom underlay these acts of violence, Plaintiff has not sufficiently alleged that the violence which harmed him was part of a larger policy or custom at the DOC. See, e.g., Burton v. Lynch, 664 F.Supp.2d 349, 367 (S.D.N.Y.2009) (<HOLDING>) (internal quotations omitted); Carson v. 
 Holding statements: (A) holding that in the first amendment retaliation context there is no bright line to define the outer limits beyond which a temporal relationship is too attenuated to establish a causal relationship so courts judge the permissible inferences that can be drawn from temporal proximity in the context of particular cases quoting gormanbakos v cornell coop extension 252 f3d 545 554 2d cir2001 espinal v goord 558 f3d 119 129 2d cir2009 (B) holding that close temporal proximity is sufficient to establish a prima facie case of retaliation (C) holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection (D) holding that a close temporal proximity between a public employees speech and a defendants actions suggested a causal relationship (E) holding that onemonth temporal proximity was sufficient to establish causation and noting that the prima facie burden in this context is not an onerous one

SOLUTION:
holding that close temporal proximity is sufficient to establish a prima facie case of retaliation