instruction:
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.
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:
the information provided in the Unplanned Deviation Reports and investigation reports was an accurate depiction of the incidents occurred, and Acevedo has not shown otherwise. Lastly, this Court notes that Ceinos rated Acevedo in 2005 as “Fully Met Expectations,” which evinces a lack of animus towards Acevedo, insofar as he was accorded positive review by Ceinos despite previous performance issues. In essence, Plaintiffs ask us to excuse Acevedo’s performance by replacing Ceinos’ business judgment with his own absent proof that his employer’s findings were inaccurate or misleading, which is an untenable position in light of the applicable case law. Velazquez-Fernandez v. NCE Foods, Inc., 476 F.3d 6, 12 (1st Cir.2007) (citing Webber v. Int’l Paper Co., 417 F.3d 229, 238 (1st Cir.2005)) (<HOLDING>). Ex-Lax’s hiring practices, disciplinary 
 Holding statements: (A) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (B) holding that an employees opinion of the efficacy of an employment decision standing alone cannot supplant the employers business judgment (C) holding that employers have standing to sue (D) holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy (E) holding that an employers sponsorship of an employees 01 visa does not establish an employment contract for a definite term
answer:
holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment


question:
marks omitted); see, e.g., Lindahl v. Office of Pers. Mgmt., 470 U.S. 768, 779-80 n. 13, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985) (recog nizing that 5 U.S.C. § 8128(b) precludes all review of the Secretary of Labor’s compensation decision under the Federal Employee Compensation Act); Collins v. United States, 67 F.3d 284, 287-88 (Fed.Cir.1995) (finding that the plain language of the Military Claims Act, which states that “the settlement of a claim under [the Act] is final and conclusive,” provides clear and convincing evidence of legislative intent to preclude judicial review). Further, reviewability is not an all or nothing question: Congress may allow review of some issues underlying a decision, but prohibit review of others. See, e.g., Lindahl, 470 U.S. at 779-80, 105 S.Ct. 1620 (<HOLDING>); Harris v. Shinseki, 704 F.3d 946, 948 
 Holding statements: (A) holding that appellate review of an administrative agencys factual determinations is circumscribed (B) holding 5 usc  8347c bars review of agencys factual determinations but not questions of law and procedure (C) holding that questions of procedure are for the arbitrator not the courts (D) holding that an ineffective grievance procedure bars employers defense based on that procedure (E) holding that we review agency determinations of law de novo
answer:

holding that appellate review of an administrative agencys factual determinations is circumscribed