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: advertising regarding the digestive benefits of “Align,” a daily food supplement. Plaintiff alleged that although Procter & Gamble promoted the “clinically proven” digestive benefits of “Align,” in fact, there was no clinical data showing that Align improved digestion. The Rikos court held that the plaintiff had alleged “injury in fact” in the form of economic injury: “Plaintiff purchased Align in reliance on P & G’s claims that the product provides defined health benefits, when these advertisements were allegedly false and deceptive.... Accordingly, Plaintiff maintains that [his] purchase of the product is the economic harm, because it was not provided as advertised.” Id. at 530, at *5. See also In re Celexa and Lexapro Mktg. and Sales Practices Litig., 751 F.Supp.2d 277 (D.Mass.2010) (<HOLDING>). Defendants’ reliance on “no-injury” products 
 Holding statements: (A) holding that the plaintiff sufficiently alleged injuryinfact where he alleged that the product an antidepression drug was unsatisfactory because it was inappropriate and not efficacious for his son (B) holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future (C) holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father (D) holding that evidence of prior drug sales was sufficiently similar to the crimes charged  to be probative of the fact that the defendant was not merely an innocent driver who was involved in the drug transaction by accident (E) holding that the plaintiff alleged sufficient facts in his complaint to state a claim for wrongful discharge where he alleged he was discharged due to his political affiliation and activities

SOLUTION: holding that the plaintiff had sufficiently alleged injuryinfact based on impact to sites that the plaintiff had visited in the past and planned to revisit each year in the future

PROBLEM: seeking to invoke the exception must establish that they agreed to engage in a joint effort and to keep the shared information confidential from outsiders. See, e.g., United States v. Schwimmer, 892 F.2d 237, 243-44 (2d Cir.1989) (finding valid joint defense privilege where information was “imparted in confidence” between parties “who had agreed upon and undertaken a joint strategy”); United States v. Sawyer, 878 F.Supp. 295, 297 (D.Mass.1995) (despite similar interests between employer and employee, insufficient evidence that communications were made during the course of a joint defense effort; proponent could neither establish time frame of agreement nor acts creating and/or terminating the agreement); United States v. United Tech. Corp., 979 F.Supp. 108, 110, 112 (D.Conn.1997) (<HOLDING>); Libbey Glass, Inc. v. Oneida, Ltd., 197 
 Holding statements: (A) holding common interest doctrine shielded information consortium members shared pursuant to collaboration agreement (B) recognizing doctrine (C) recognizing that tribes and states understood that they shared the right to manage the exercise of in common hunting and fishing rights (D) recognizing a subset of the common interest privilege as parents and schools have a corresponding interest in the free flow of information about administrators and faculty members (E) holding that there was no waiver of the work product protection because the business and public relations firm specializing in litigationrelated crisis management shared a common interest

SOLUTION: recognizing doctrine

PROBLEM: for the purposes of res judicata.”); Heade v. Washington Metro. Area Transit Auth., No. 09-02460, 2010 WL 938462, at *2 n. 2 (D.D.C. Mar. 12, 2010) (“Plaintiff’s contention that the arbitration’s findings do not bar her claim because she was not a party to that proceeding is also without merit .... [since] she was in privity with her union.”); see also Hitchens v. County of Montgomery, 98 Fed.Appx. 106, 114 (3d Cir.2004) (“[C]ourts have held union members to be in privity with the union and have held-that a decision against a union can bind union members in a subsequent action.” (citing Handley v. Phillips, 715 F.Supp. 657, 666-67 (M.D.Pa.1989); Stokes v. Bd. of Tr. of Temple Univ., 683 F.Supp. 498, 502 (E.D.Pa.1988)); Monahan v. Dep’t. of Corr., 214 F.3d 275, 285-86 (2d Cir.2000) (<HOLDING>); Meza v. Gen. Battery Corp., 908 F.2d 1262, 
 Holding statements: (A) recognizing that union members interests are adequately represented by the union (B) recognizing that the involvement of supervisory union members in union affairs conflicts with the need to assure the complete devotion of union negotiating teams to employee interests (C) holding that a rico action by union members was properly dismissed where any financial improprieties occurred with union funds and directly injured solely the union (D) holding union members state law claims for defamation against union preempted (E) recognizing union members vital concern in preserving jobs for union members

SOLUTION:
recognizing that the involvement of supervisory union members in union affairs conflicts with the need to assure the complete devotion of union negotiating teams to employee interests