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.
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Question: an intention that suits for pension benefits by disappointed applicants are equitable.”), cert. denied, 449 U.S. 1112, 101 S.Ct. 922, 66 L.Ed.2d 841 (1981); see also Sullivan v. LTV Aerospace and Defense Co., 82 F.3d 1251, 1258-59 (2d Cir.1996); Berry v. Ciba-Geigy Corp., 761 F.2d 1003, 1007 (4th Cir.985); Turner v. CF & I Steel Corp., 770 F.2d 43, 47 (3d Cir.1985), cert. denied, 474 U.S. 1058, 106 S.Ct. 800, 88 L.Ed.2d 776 (1986); In re Vorpahl, 695 F,2d 318, 321-22 (8th Cir.1982); Calamia v. Spivey, 632 F.2d 1235, 1237 (5th Cir. Unit A 1980). Some district courts have suggested that Firestone Tire & Rubber v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989), calls these holdings into doubt. See, e.g., Hulcher v. United Behavioral Sys., 919 F.Supp. 879, 885 (E.D.Va.1995) (<HOLDING>); Vaughn v. Owen Steel Co., 871 F.Supp. 247, 
 Holding statements: (A) holding that  1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under  1132a3 is thus not appropriate (B) holding plaintiff had no claim under  1132a3 because his grievance that benefits were denied is specifically addressed in  1132a1b (C) holding that plaintiff in erisa action was entitled to restitution under similar circumstances (D) holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan (E) holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under  1132a1b

Answer: holding that  1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under  1132a3 is thus not appropriate


Question: up to $2,000, which would have set aside, in a literal sense, a discrete “amount . . . necessarily consumed for the support of’ the taxpayer and his or her family. Opinion of the Justices, 82 N.H. at 572. This description, made in reference to an income tax exemption, is not applicable to the question of whether an income tax assessed on gross rather than net income is unfair, unreasonable, or disproportionate. Certainly nothing in that opinion suggested that such an exemption was necessary in order to render that tax constitutional. Where we have found that a tax was unfair, unreasonable, or disproportionate, the constitutional deficiency has been of a much different character than the one the petitioners allege here. See Claremont School Dist. v. Governor, 142 N.H. 462, 470-71 (1997) (<HOLDING>); Opinion of the Justices, 132 N.H. 777, 783-84 
 Holding statements: (A) holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety (B) holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts (C) holding that the essential purpose of use tax is the recoupment of lost sales tax revenue (D) holding that the tax was indirect even though the recipient could not shift the tax to others (E) holding that taxpayers failure to follow state requirement that he report change in federal income tax did not except state tax liability from discharge

Answer: holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety


Question: not explain why “installation and assembly manuals,” “power and control diagrams,” and “drawings and part lists” for the installation of a megapixel camera that incorporates third party technology “derive economic value” from an element of secrecy that is known only to EarthCam and its employees. EarthCam simply relies on Mr. Sharp’s affidavit to conclude that the information contained in OxBlue 3019 “was not publicly available and gave EarthCam a competitive advantage.” In his affidavit, Mr. Sharp does not specify why the information on OxBlue 3019 was “not publicly available and gave EarthCam a competitive advantage.” Mr. Sharp’s belief and eonclusory allegations are insufficient to survive summary judgment. See Ojeda v. Louisville Ladder, Inc., 410 Fed.Appx. 213, 214 (11th Cir.2010) (<HOLDING>). EarthCam also does not explain why its 
 Holding statements: (A) recognizing wjhen the nonmoving party relies only on its own affidavits to oppose summary judgment it cannot rely on conclusory allegations unsupported by factual data to create an issue of material fact (B) holding affidavits based on conclusory allegations insufficient at summary judgment (C) holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements (D) holding party opposing summary judgment does not show genuine issue for trial by replacing conclusory allegations of the complaint or answer with conclusory allegations of an affidavit (E) holding that conclusory allegations in an affidavit have no probative value and a nonmoving party cannot rely on the eonclusory allegations to avoid summary judgment

Answer:
recognizing wjhen the nonmoving party relies only on its own affidavits to oppose summary judgment it cannot rely on conclusory allegations unsupported by factual data to create an issue of material fact