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: the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides’ summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection 
 Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery

SOLUTION: holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract

PROBLEM: the State argued that Wright and Jackson were the two shooters at the trials of Wright, Oglesby, and Jackson. The State denies that it presented mutually exclusive, false, or misleading evidence. It contends that the evidence permits two factual scenarios: the shooters were either Jackson and Wright or Jackson and defendant. This is not a case where the prosecutor destroyed the credibility of one witness to convict one defendant and then used that same witness to convict a co-defendant for the same crime. See, e.g., Drake v. Kemp, 762 F.2d 1449 (11th Cir.1985), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 738 (1986). Nor is this a case where the prosecutor improperly argued facts that were unsupported by the evidence. Nichols v. Collins, 802 F.Supp. 66, 75 (S.D.Tex.1992) (<HOLDING>), habeas corpus denied, sub nom, Nichols v. 
 Holding statements: (A) holding that the defendant may not state one ground at trial and another on appeal (B) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal (E) holding in case in which defendant challenged his murder conviction and death sentence on ground that states conflicting theories in the trial of his accomplice constituted a denial of due process that state may be constitutionally estopped from obtaining a fact finding in one trial and seeking and obtaining an inconsistent fact finding in another trial

SOLUTION: holding that the defendant may not state one ground at trial and another on appeal

PROBLEM: that it had not discriminated against Brummett, including the fact that Innovex had fired a substantially younger employee at the same time for violations of the same company policy. Finally, the district court dismissed as “stray remarks” several age-related comments Innovex employees allegedly made to Brummett, concluding that they were either too ambiguous to be probative or had been made by individuals without authority or influence over Innovex’s decision to terminate Brummett’s employment. See, e.g, Wyvill v. United Cos. Life Ins. Co., 212 F.3d 296, 304 (5th Cir.2000) (“In order for an age-based comment to be probative of an employer’s discriminatory intent, it must be direct and unambiguous____”); Krystek v. University of Southern Mississippi, 164 F.3d 251, 256 (5th Cir.1999) (<HOLDING>). Concluding that Brummett was thus unable to 
 Holding statements: (A) recognizing that stray remarks are insufficient to raise an inference of discrimination and concluding that a comment by the decisionmaker that he selected a candidate for a promotion because the candidate was a bright intelligent knowledgeable young man was a stray remark that did not raise an inference of age discrimination (B) holding that stray remarks made almost two years prior to employment action was outdated and lacking in apparent probative value (C) holding that a comment made by a person who played no role in the employment decision was a stray remark that lacked any probative value as a matter of law (D) holding managers discriminatory remark indicative of age bias where buttressed by other evidence of discrimination and thus remark was not an isolated comment (E) holding hispanic supervisor will understand you better to be stray remark

SOLUTION:
recognizing that stray remarks are insufficient to raise an inference of discrimination and concluding that a comment by the decisionmaker that he selected a candidate for a promotion because the candidate was a bright intelligent knowledgeable young man was a stray remark that did not raise an inference of age discrimination