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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

interests inferior to the unsecured creditors [and, t]hus there should be little difficulty with the absolute priority rule____”). Sweetwater does not dispute that general proposition, but argues that the insider claims in this case should be subordinated to it, and not receive or retain any property since Sweetwater’s claim is not being paid in full. The Court disagrees. Several courts have expressed the opinion that the claim of an insider or equity holder may not be treated unequally unless the insider or equity holder used superior knowledge concerning the debtor’s affairs in an unfair manner or equitable subordination principles otherwise apply. See e.g., In re ARN LTD. Ltd. P’ship, 140 B.R. 5, 13 (Bankr.D.D.C.1992), citing In re Ho-lywell Corp., 913 F.2d 873, 880 (11th Cir.1990) (<HOLDING>); Heritage Org., 375 B.R. at 301 (agreeing that 
 Holding statements: (A) holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process (B) holding that the mere fact that a claim is held by an equity security holder does not justify its subordination and insider claims may be equitably subordinated only based on evidence of unfair conduct (C) holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive (D) holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision (E) recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven
(B)

use of low-beam headlights within 500 feet of an oncoming vehicle. While we recognize that drivers may be accustomed to quickly flashing their high-beam headlights at an oncoming vehicle as a signal to dim headlights, there is no evidence in this case that the officer was driving with his high-beam headlights. Furthermore, the statute does not provide any exceptions for the momentary flashing of high-beam headlights. Thus, we must conclude the statute prohibits the use of high-beam headlights within 500 feet of an oncoming vehicle, for any length of time and for any purpose. [¶ 12] We recognize that at least one other appellate court has interpreted similar statutory language and reached the opposite conclusion. See Waukesha County v. Meinhardt, 2001 WI App 146, ¶¶ 9-10, 630 N.W.2d 277 (<HOLDING>). In another case involving a similar statute, 
 Holding statements: (A) holding that meinhardt did not commit a violation by flashing his highbeam headlights two times at an oncoming vehicle because the plain language of the statute did not prohibit the quick flashing of highbeam headlights (B) recognizing that where the statutory language is not ambiguous  the plain and ordinary meaning of the statute must be given effect (C) holding that general statement of intent does not override plain language of statute (D) holding that the title of the statute did not limit the reach of the statute (E) holding the trial judge did not commit reversible error through the chosen method of remedying the batson violation
(A)

the inference of express malice,” the privilege has been abused and “protection withdrawn” (id.). Nearly a century later in Park Knoll Assoc. v. Schmidt, 59 N.Y.2d 205, 464 N.Y.S.2d 424, 451 N.E.2d 182 (1983), this Court held that relevant statements made in judicial or quasi-judicial proceedings are afforded absolute protection so that those discharging a public function may speak freely to zealously represent their clients without fear of reprisal or financial hazard (see id. at 209, 464 N.Y.S.2d 424, 451 N.E.2d 182). The privilege attaches to such statements irrespective of an attorney’s motive for making them (see Wiener v. Weintraub, 22 N.Y.2d 330, 331, 292 N.Y.S.2d 667, 239 N.E.2d 540 [1968]). Texas law is similar. See, e.g., James v. Brown, 637 S.W.2d 914, 916-17 (Tex. 1982)(<HOLDING>). In addition, TBG fails to state a claim to 
 Holding statements: (A) holding that a choice of law provision in a lease did not serve as a basis for jurisdiction (B) holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal (C) holding that if the dismissal was merely a formal means of securing a negotiated settlement it cannot serve as the basis for a malicious prosecution action (D) holding that protected speech cannot serve as the basis for a violation of city ordinances at issue (E) holding that communications during a judicial proceeding cannot serve as the basis for a civil action for libel or slander

(E)