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: where the-plaintiff seeks to subject private parties to § 1983 liability by bestowing on them the title of state actors. The instant case does not involve a situation where the State has “ ‘so far insinuated itself into a position of interdependence with the [private party] that it was a joint participant in the enterprise.’ ” Harvey, 949 F.2d at 1131 (quoting NBC ¶. Communications Workers of Am., AFL-CIO, 860 F.2d 1022, 1026 (11th Cir.1988) (citation omitted)). The Eleventh Circuit in Harvey, confronting facts similar to the case at bar and the issue of whether involuntary commitment by private parties may be considered state action, found an insufficient nexus between the defendants, a private hospital and private physicians, and the State. See id.; see also Rockwell, 26 F.3d at 258 (<HOLDING>). The court observed that “[b]oth the Supreme 
 Holding statements: (A) holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test (B) holding that massachusetts statute did not create a sufficiently close nexus between private hospital and the state to warrant labeling private actors state actors (C) holding that foster parents are not state actors (D) holding private actors are not acting under the color of state law for the purposes of section 1983 liability (E) holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action

SOLUTION: holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test

PROBLEM: its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by returning him to his former school in Lake County and changing the timesharing arrangement to have the father assume the primary timesharing responsibilities. See § 61.13(3), Fla. Stat. (2014); Holland v. Holland, 140 So.3d 1155 (Fla. 1st DCA 2014); Dobbins v. Dobbins, 584 So.2d 1113, 1116 (Fla. 1st DCA 1991). Accordingly, we reverse and remand for a new hearing. On remand, the court shall take evidence and use the best interests of the child standard to determine if modification is in the child’s best interests in light of the parties’ inability to agree which school the minor child will attend. See, e.g., Watt v. Watt, 966 So.2d 455 (Fla. 4th DCA 2007) (<HOLDING>). Once that determination is made, the trial 
 Holding statements: (A) holding that change of circumstances is not prerequisite to additional   3583e2 modification (B) holding that a hearing is required when a modification of parenting time would change the established custodial environment (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a custodial parents move to a foreign state without more is not a substantial change of circumstances that would support a modification of custody (E) holding that parties inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan

SOLUTION: holding that change of circumstances is not prerequisite to additional   3583e2 modification

PROBLEM: 57 . Id. 58 . See Affidavit of Lisa A. Alter ("Alter Aff.”), Ex. A to the Declaration of Donald S. Zakarin in Support of Defendant's Motion to Strike "Expert” Affidavit of Lisa Alter ("Zakarin Deck”), ¶1. 59 . See id. ¶¶ 7-28. 60 . See id. ¶ 22. 61 . Id. ¶ 23. 62 . Id. 63 . See Defendant’s Reply Memorandum of Law in Further Support of Its Motion to Exclude the Affidavit and Testimony of Plaintiffs’ Purported U.S. Copyright Law "Expert” Lisa A. Alter at 1. 64 . See id. 65 . See Hygh v. Jacobs, 961 F.2d 359, 363 (2d Cir.1992) ("This circuit is in accord with other circuits in requiring exclusion of expert testimony that expresses a legal conclusion. ...”). 66 . See Motown Prods., Inc. v. Cacomm, Inc., 668 F.Supp. 285, 288 (S.D.N.Y.1987), rev’d on other grounds, 849 F.2d 781 (2d Cir.1988) (<HOLDING>). 67 . See Alter Aff., passim. 68 . Fiataruolo, 
 Holding statements: (A) holding that an administrative agencys decision may not be based upon inadmissible expert opinion (B) holding inadmissible an affidavit by copyright law expert opining that a term was suggestive rather than descriptive because his opinion was a conclusion of law (C) holding that an expert opinion on a question of law is inadmissible (D) holding an affidavit statement referring to the notice required for a binding contract was inadmissible as a legal conclusion (E) holding that it was an abuse of discretion for the district court at the summary judgment stage to consider information from an affidavit based on inadmissible hearsay rather than the affiants personal knowledge

SOLUTION:
holding that an administrative agencys decision may not be based upon inadmissible expert opinion