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: seeking to invoke the exception must establish that they agreed to engage in a joint effort and to keep the shared information confidential from outsiders. See, e.g., United States v. Schwimmer, 892 F.2d 237, 243-44 (2d Cir.1989) (finding valid joint defense privilege where information was “imparted in confidence” between parties “who had agreed upon and undertaken a joint strategy”); United States v. Sawyer, 878 F.Supp. 295, 297 (D.Mass.1995) (despite similar interests between employer and employee, insufficient evidence that communications were made during the course of a joint defense effort; proponent could neither establish time frame of agreement nor acts creating and/or terminating the agreement); United States v. United Tech. Corp., 979 F.Supp. 108, 110, 112 (D.Conn.1997) (<HOLDING>); Libbey Glass, Inc. v. Oneida, Ltd., 197 
 Holding statements: (A) holding common interest doctrine shielded information consortium members shared pursuant to collaboration agreement (B) recognizing doctrine (C) recognizing that tribes and states understood that they shared the right to manage the exercise of in common hunting and fishing rights (D) recognizing a subset of the common interest privilege as parents and schools have a corresponding interest in the free flow of information about administrators and faculty members (E) holding that there was no waiver of the work product protection because the business and public relations firm specializing in litigationrelated crisis management shared a common interest

SOLUTION: recognizing doctrine

PROBLEM: to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state’s race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge’s race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error 
 Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant

SOLUTION: holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case

PROBLEM: showed excellent decompression and an excellent position of plates and screws. Dr. Eichert noted that although Claimant reported continued neck pain to Dr. Crow, the treatment notes from the operating surgeon do not reflect significant complaint by Claimant during her follow-up treatment after surgery. The medical records of Claimant’s treating doctors do not contain clinical evidence of a disabling condition during the relevant time period or any restrictions imposed by the doctors. Indeed, the record shows that on August 22, 2005, Dr. Crow released Claimant to work but in the following appointment, on August 30, 2005, Dr. Crow found Claimant’s condition to be permanent without any testing in support of his determination. See Prosch v. Apfel, 201 F.3d 1010, 1012-13 (8th Cir.2000) (<HOLDING>). In any case, whether there is work which 
 Holding statements: (A) holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician (B) holding alj properly relied on treating physicians wellsupported opinion especially when the contradictory evidence is plaintiffs own medical opinions about her condition (C) holding that an alj may discount a treating physicians opinion where the physician has offered inconsistent opinions (D) holding that the alj erred by failing to mention the contrary opinion of a treating physician (E) holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations

SOLUTION:
holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician