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: 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). In Landgraf, the Court noted that a statute only truly operates retroactively if applying it would “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” Id. 114 S.Ct. at 1505; see also RTC v. Ford Motor Credit Corp., 30 F.3d 1384, 1387-88 (11th Cir.1994)(analyzing retroactivity of lease repudiation damage limitation provision of FIRREA). Thus, like other courts that have analyzed similar FIRREA provisions, we must address prior banking law to determine whether application of the damage limitation provisions of § 1821(e)(3) would have the retroactive effect defined in Landgraf. See, e.g., Ford Motor Credit, 30 F.3d at 1388 (<HOLDING>). We conclude that, in the Crafts’ case, it 
 Holding statements: (A) holding that the act is not retroactive (B) holding that firreas damage limitations for repudiation of leases worked no substantive change in the law and thus their application was not retroactive (C) holding retroactive application (D) holding no retroactive application (E) recognizing that the application of a retroactive amendment is discretionary

SOLUTION: holding that the act is not retroactive

PROBLEM: Dr. Brewer’s reports addressed the conduct of OGA’s employees, Drs. Jacobs and Gunn, the reports identified Dr. Gunn as OGA’s employee, and McCoy’s original petition alleged that OGA was vicariously liable for the conduct of Jacobs and Gunn under the doctrine of respondeat superior and the requirements of the Texas Professional Association Act. See Troeger v. Myklebust, 274 S.W.3d 104, 110 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (rejecting claim that conduct of dentist, who was sole defendant, was not implicated because her name was omitted from expert report and holding that dentist waived challenges to expert report by failing to raise objections within twenty-one days after service); Univ. of Tex. Sw. Med. Ctr. v. Dale, 188 S.W.3d 877, 879 (Tex.App.-Dallas 2006, no pet) (<HOLDING>). In response, OGA disputes that its conduct 
 Holding statements: (A) holding that medical center was not required to be named in expert report addressing its residents conduct because plaintiffs alleged no directliability claims against it and noting that medical center was implicated in report and so waived all its objections when it failed to object to sufficiency of report within twentyone days after service (B) holding that causation section of expert medical report was not eonclusory when read in context of entire report (C) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (D) holding that expert report addressing hospitals conduct was not required when plaintiffs sole theory against hospital was vicarious liability based on ostensible agency and explaining that the conduct by the hospital on which the agency relationship depends is not measured by a medical standard of care these are principles of agency law on which no expert report is required (E) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a

SOLUTION: holding that causation section of expert medical report was not eonclusory when read in context of entire report

PROBLEM: purpose. Id. That is, we must evaluate whether Gardetto spoke out based on the same motivation that would move the public to speak out. Applying these standards to each of the six incidents of speech at issue in this case, we hold that all but two (Gardetto’s criticism of McBroom’s termination and Gar-detto’s conversation with Gonzales) involve matters of public concern. The speech incident that most obviously involves a matt y electrical inspector’s comments complaining of work performed for city officials and their friends on city time, illegal payoffs, and incidents of released substandard electrical work constituted expression on matters of public concern); Wren v. Spurlock, 798 F.2d 1313, 1316-18 (10th Cir.1986), cert. denied, 479 U.S. 1085, 107 S.Ct. 1287, 94 L.Ed.2d 145 (1987) (<HOLDING>). By the same token, Gardetto’s efforts to 
 Holding statements: (A) holding school district hable for teachers sexual harassment of student only upon knowing failure to act (B) holding that statement challenging sexual harassment determined to be employee grievance driven by selfinterest was not matter of public concern (C) holding that issues of prison security public safety and official corruption are matters of public concern (D) holding that a teachers accusations of sexual harassment and poor job performance by a principal involved matters of public concern (E) recognizing a public employees first amendment right to address matters of legitimate public concern

SOLUTION:
holding school district hable for teachers sexual harassment of student only upon knowing failure to act