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. 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.
question:
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
answer:
(C)


question:
pre-estimate may in fact operate as a penalty and become unenforceable is shown by the fact that even though the sum fixed as compensation for each day’s delay ... is held to be a reasonable provision for liquidated damages and to be enforceable, no court will permit it to go on operating forever. 11 Corbin on Contracts, supra, § 58:21 at 523. That treatise then observes that there is “some lack of uniformity in the method of determining this time limit.” Id. In general, there are two rules that courts have applied to this predicament. Some courts have held that a liquidated damages clause is inapplicable when a contractor has completely abandoned a project. See, e.g., City of Elmira v. Larry Walter, Inc., 76 N.Y.2d 912, 563 N.Y.S.2d 45, 564 N.E.2d 655, 656 (1990) (per curiam) (<HOLDING>). Others have held that, when a contractor has 
 Holding statements: (A) holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict (B) holding that language of contract did not limit plaintiffs recovery to liquidated damages (C) holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla (D) holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award (E) holding that in the absence of clear and unambiguous language indicating that liquidated damages clause was intended to apply to contractors outright abandonment of the project no such damages should be awarded
answer:
(E)


question:
in the litigation whenever state policies or procedures are at stake. This commonsense observation of the State’s real interest when its officers are named as individuals has not escaped notice or comment from this Court, either before or after Young. See, e. g., Osborn v. Bank of United States, 9 Wheat. 738, 846-847 (1824) (stating that the State’s interest in the suit was so “direct” that “perhaps no decree ought to have been pronounced in the cause, until the State was before the court”) (Marshall, C. J.); Pennhurst State School and Hospital v. Halderman, 465 U. S. 89, 114, n. 25 (1984) (noting that Young rests on a fictional distinction between the official and the State); see also Florida Dept. of State v. Treasure Salvors, Inc., 458 U. S. 670, 685 (1982) (opinion of Stevens, J.) (<HOLDING>). Indeed, the suit in Young, which sought to 
 Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that the fourteenth amendment only applies to state action (C) holding california school district a state agency for purposes of the eleventh amendment (D) recognizing the irony that a state officials conduct may be considered  state action for fourteenth amendment purposes yet not for purposes of the eleventh amendment (E) holding that the supreme court of pennsylvania is a state entity for purposes of the eleventh amendment
answer:

(D)