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: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

SOLUTION: holding that the appellant waived an argument listed only in his summary of the argument

PROBLEM: as Assistant Inspector General for Investigations, Holland had been given the authority to review the allegations against Vickers and make the ultimate decision to keep her or fire her. Without more than what Vickers has offered as evidence, we cannot- see how a reasonable jury might find a retaliatory motive at work in Holland’s decision. Vickers’ retaliation claim is further undermined by the fact that even though it was Holland who fired her, Bedwell was the focus of her discrimination claims. Vickers failed to put on any evidence to show that Holland’s decision was in any way influenced by Bedwell, who had retired before Vickers’ refusal to sign the releases in April 2001 that triggered her firing. See, e.g., Griffin v. Wash. Convention Ctr., 142 F.3d 1308, 1311-12 (D.C.Cir.1998) (<HOLDING>). Nor can Vickers’ Title VII claims draw 
 Holding statements: (A) holding that a common employer and administrator does not necessarily influence the administrators decision (B) holding that the relevant time is the time of the employment decision (C) holding that subordinates bias is only relevant where the ultimate decision maker is not insulated from the subordinates influence (D) holding that it is the conduct required to obtain a conviction rather than the consequences resulting from the crime that is relevant (E) holding that the relevant question is whether the courts decision deprived the petitioner of his right to place before the sentencer relevant evidence in mitigation of punishment

SOLUTION: holding that a common employer and administrator does not necessarily influence the administrators decision

PROBLEM: 20 . Alaska R. Civ. P. 24(b) ("Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common.... In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties."). [ 21] 21. State v. Weidner, 684 P.2d 103, 113 (Alaska 1984) (adopting four-part test from Foster v. Gueory, 655 F.2d 1319, 1324-25 (D.C.Cir.1981)). 22 . Harvey v. Cook, 172 P.3d 794, 799 (Alaska 2007). [23] 23. Scammon Bay Ass'n v. Ulak, 126 P.3d 138, 143 (Alaska 2005) (citing Banco Popular de Puerto Rico v. Greenblatt, 964 F.2d 1227, 1231 (Ist Cir.1992)); see also Kirk v. Demientieff, 145 P.3d 512, 520 (Alaska 2006) (<HOLDING>). 24 . Ulak, 126 P.3d at 143. 25 . AOIC's May 
 Holding statements: (A) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (B) holding that a law firm could intervene in a former clients action to protect its interest in its contingency fee (C) holding attorneys motion to intervene in former clients tort suit untimely because attorney had clear and early notice that former client would not adequately represent his interests (D) holding that ambiguous agreement between attorney and client must be construed in the clients favor (E) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted

SOLUTION:
holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client