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:
not reached a final decision on the merits, entitling a litigant to relitigate the issue. International Nutronics, 28 F.3d at 970-71 (antitrust claim against joint venture bidders could have been brought in pri- or bankruptcy proceeding, thus, claim was precluded in subsequent suit to avoid the sale); International Union of Operating Eng’r.-Employers Constr. Indus. Pension, Welfare & Training Trust v. Karr, 994 F.2d 1426, 1430 (9th Cir.1993) (in employee action to recover benefits from employer, employee’s audit claim barred by res judicata because it could have been brought in prior proceeding). If litigants could bring a new suit whenever an issue was not previously litigated, no judgment would ever be final. See Ellingson v. Burlington N., Inc., 653 F.2d 1327, 1331 (9th Cir.1981) (<HOLDING>). The proper method to challenge the decision 
 Holding statements: (A) holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 (B) holding that an indemnitees settlement must be in an amount reasonable in view of the size of possible recovery and degree of probability of claimants success against the indemnitee quoting damanti v as inger 314 f2d 395 397 2d cir1963 cert denied 375 us 834 84 sct 46 11 led2d 64 1963 (C) holding that a change in law does not affect the res judicata effect of judgments citing chicot county drainage dist v baxter state bank 308 us 371 375 60 sct 317 319 84 led 329 rehg denied 309 us 695 60 sct 581 84 led 1035 1940 (D) recognizing nardone v united states 308 us 338 60 sct 266 84 led 307 1939 taint test as controlling authority (E) holding that due process forbids the use of a coerced confession irrespective of its truth as announced in jackson v denno 378 us 368 84 sct 1774 12 led2d 908 to be retroactive
answer:
(C)


question:
other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms
answer:
(D)


question:
physician-patient privilege statute is highly speculative, see Snyker v. Snyker, 245 Minn. 405, 408, 72 N.W.2d 357, 359 (1955), the policies of Schmerber and Oevering are simply inappo-site to the question of medical privilege. 3 . Where exceptions to a statutory privilege are concerned, the court “prefer[s] * * ⅜ to defer a policy determination * * ⅝ to the legislature.” Gianakos, 644 N.W.2d at 420. This court has ultimate authority over eviden-tiary questions including privileges under the Minnesota Constitution, State v. Erickson, 589 N.W.2d 481, 485 (Minn.1999), but generally defers to statutory evidentiary rules as a matter of comity. See State v. Lanam, 459 N.W.2d 656, 658 (Minn.1990). 4 . See, e.g., Indep. Petrochemical v. Aetna Cas. & Sur. Co., 117 F.R.D. 292, 295 (D.D.C.1987) (<HOLDING>); Anas v. Blecker, 141 F.R.D. 530 
 Holding statements: (A) holding that the law of michigan rather than the forum applied to manufacturers claim of attorneyclient privilege in a products liability suit because the communication took place in michigan and therefore michigan had most significant relationship to communication (B) recognizing that not all correspondence between a lawyer and a client are privileged depending on whether the two have a personal relationship separate and apart from the lawyerclient relationship (C) holding an attorney who carries on representation of an existing case after a law firm dissolves does so on the firms behalf and any income derived from the case belongs to the dissolved firm (D) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (E) holding that letters from insureds attorney to accounting firm not privileged under the law of the state with the most significant relationship to the communication and compelling production
answer:

(E)