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: a favorable decision, by which we mean that the “prospect of obtaining relief from the injury as a result of a favorable ruling” is not “too speculative.” In re Integra Realty Res., Inc., 262 F.3d 1089, 1101 (10th Cir.2001) (quoting Northeastern Fla. Chapter of the Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656, 663-64, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993) (internal quotation marks omitted)). The NMCGA contends that the provision for attorneys’ fees is an “egregious and illegal use of tax dollars.” NMCGA’s Response at 7. It is well established that a taxpayer does not have standing to challenge state and federal spending decisions. Colo. Taxpayers Union, Inc. v. Romer, 963 F.2d 1394, 1399 (10th Cir.1992) (citing Flast v. Cohen, 392 U.S. 83, Cl. 183, 184-85 (2006) (<HOLDING>). While NMCGA does not have standing to 
 Holding statements: (A) holding that an intervenor has no power to veto a settlement by other parties (B) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party (C) holding that the plaintiffs mere failure to execute on a judgment the only allegedly fraudulent act is not fraudulent concealment (D) holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement (E) holding that an intervenor lacked standing to challenge a settlement agreement between the plaintiff and the united states on the grounds that one of the plaintiffs claims was fraudulent because the intervenors were not parties to the settlement and suffered no personal harm from it notwithstanding the potential that its tax dollars went to pay the allegedly fraudulent claim

SOLUTION: holding that an intervenor has no power to veto a settlement by other parties

PROBLEM: 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

SOLUTION: 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

PROBLEM: in giving testimony, to disclose any confidential communication properly entrusted to the person in the person’s professional capacity, and necessary and proper to enable the person to discharge the functions of the person’s office according to the usual course of practice or discipline. Because it impedes the full and free discovery of the truth, the attorney-client privilege is strictly construed. See Chidester v. Needles, 353 N.W.2d 849, 852 (Iowa 1984). Consequently, we have held that voluntary disclosure of the content of a privileged communication constitutes waiver as to all other communications on the same subject. See Iowa Code § 622.10 (privilege does not apply when person, in whose favor prohibition is made, waives the right); State v. Cole, 295 N.W.2d 29, 35 (Iowa 1980) (<HOLDING>); Kantaris v. Kantaris, 169 N.W.2d 824, 830 
 Holding statements: (A) recognizing duty by examining physician even absent formal physicianpatient relationship (B) recognizing theory of waiver in physicianpatient relationship (C) recognizing theory of constructive possession (D) recognizing the tort of breach of physicianpatient privilege (E) holding that a physicianpatient relationship gives rise to a duty to avoid emotional harm from failure to provide critical information to patient

SOLUTION:
recognizing duty by examining physician even absent formal physicianpatient relationship