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: by substantial evidence and whether correct legal standards were applied. See Hawkins v. Chater, 113 F.3d 1162, 1164 (10th Cir.1997). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quotation omitted). We may “neither reweigh the evidence nor substitute our judgment for that of the agency.” Casias v. Secretary of Health & Human Servs., 933 F.2d 799, 800 (10th Cir.1991). Plaintiff argues that (1) the Commissioner’s decision is not supported by substantial evidence because the ALJ ignored medical evidence of her disability; (2) the ALJ failed to analyze plaintiffs pain properly under Luna v. Bowen, 834 F.2d 161, 162-64 (10th Cir.19 95) (<HOLDING>). In this case, however, plaintiff has not 
 Holding statements: (A) holding aljs listing of factors he considered was inadequate when court was left to speculate what specific evidence led the alj to his conclusion (B) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion (C) holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion and thus the aljs unexplained conclusion was beyond meaningful review (D) holding the record must demonstrate that the alj considered all of the evidence and the alj must discuss  the evidence supporting his decision  the uncontroverted evidence he chooses not to rely upon and significantly probative evidence he rejects (E) holding an aljs failure to adequately explain the weight given to treating sources opinions not harmless because the aljs reasoning was not sufficiently specific to make clear that the alj recognized and evaluated the treating relationships

Answer: holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion


Question: Discipl. LEXIS 78, *9 (attorney disbursed all settlement proceeds to client less amount he retained for himself, after having been placed on notice that prior attorney claimed an in terest in any settlement funds in violation of Colo, RPC 1.15(b)). III. ANALYSIS OF SANCTION In both the Dunn and McCarthy matters, Rishel engaged in knowing conversion by obtaining funds from third parties for a stated purpose, failing to utilize the funds for that purpose, retaining the funds for an extended period of time after the third parties had withdrawn authorization, and failing to refund the amounts paid to the third parties despite their demand that he do so. The presumptive sanction for knowing conversion of the property of another is disbarment. People v. Dice, 947 P.2d 339, 340 (Colo.1997)(<HOLDING>); Motsenbocker; 926 P.2d at 577 (attorney 
 Holding statements: (A) holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause (B) holding that a lawyers knowing misappropriation of funds whether belonging to a client or third party warrants disbarment except in the presence of extraordinary factors of mitigation (C) holding that an attorney should not be disbarred for misappropriation of client funds where there were no aggravating factors the attorneys clients did not suffer actual harm and the attorney established several mitigating factors (D) holding that permanent disbarment was appropriate for failure to remit 2000 in settlement funds to client and failing to answer the charges (E) recognizing that a lawyer hired by a third person to represent a client should exercise judgment on behalf of the client independent from the interests of the third person

Answer: holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause


Question: it clearly views meal expenses incurred while temporarily working away from home as distinct from those incurred while working at a permanent location and acknowledges'that expenses incurred while temporarily away from home are for the benefit of the employer. Plaintiffs’ argument that meal expenses are always incurred for the benefit of the employee fails to consider this critical distinction. See Dkt. #'87, at 17. Based on the foregoing case law and DOL guidance, the Court concludes that defendant properly excluded the “hot shot” payments from the regular rate calculation pursuant to 29 U.S.C. § 207(e)(2). Plaintiffs were traveling away from home and performing, work for defendant. Their meal expenses were thus incurred on behalf of the defendant and in furtherance (1st Cir.1995) (<HOLDING>), abrogated on other grounds by Carpenters 
 Holding statements: (A) recognizing limits on the erisa preemption clause (B) holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists (C) holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption (D) recognizing that federal preemption is affirmative defense as to which defendant has burden of proof (E) holding that  502a may serve as an independent basis for preemption where  514a the blanket erisa preemption provision is inapplicable

Answer:
recognizing limits on the erisa preemption clause