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.

states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments § 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) (“[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew’s evaluation prior to the arbitration proceeding.”). But see Klein v. Comm’r, 880 F.2d 260, 263 (10th Cir.1989) (“A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence.”); Calcutt v. Comm’r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness 
 Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action
holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial

(emphasis added) (quoting Havner, 953 S.W.2d at 720). 27 . Faust, 337 S.W.3d at 335 (emphasis added). 28 . Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 500 (Tex.1995). 29 . See Crump, 330 S.W.3d at 218. 30 . Synar v. Union Pac. R. Co., No. 12—99— 00428-CV, 2001 WL 1263573, at *6 (Tex.App.-Tyler Oct. 17, 2001, pet. denied) (not designated for publication). 31 . See id. 32 . See Tex.R. Evid. 803(18); Robinson, 923 S.W.2d at 556. 33 . C 545 (Tex.App.-Fort Worth, pet. denied) (op. on reh'g). 55 . See id. 56 . See Tex.R. Evid. 401; Nichols, 379 S.W.3d at 387-89. 57 . See Sw. Country Enters., Inc., 991 S.W.2d at 493-94; see also Tex.R.App. P. 33.1(a)(1)(B), 33.2; Tex.R. Evid. 103(a)(2). 58 . See Barraza v. Eureka Co., Inc., 25 S.W.3d 225, 232 (Tex.App.-El Paso 2000, pet. denied) (<HOLDING>). 59 . See Charter Oak Fire Ins. v. Perez, 446 
 Holding statements: (A) holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that testimony of plaintiff and her coworkers regarding cause of her injury was pure conjecture (E) holding that plaintiffs allegations that her supervisor was a lesbian and that she made improper remarks to her including telling the plaintiff to invite her to lunch and making comments about plaintiffs coworkers private lives and sexual preferences   and on one occasion approaching the plaintiff from behind hugging her and whispering in her ear a request for a cookie from another table did not suffice to establish a hostile working environment
holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed

documents that may be exempt from disclosure under the Sunshine Law. See Chasnoff v. Bd. of Police Comm’rs, 334 S.W.3d 147, 150 (Mo.App. E.D.2011) (noting trial court reviewed investigative file log of 59 documents in camera to determine disclosure under Sunshine Law); Bill, 935 S.W.2d at 663 (noting trial court granted in camera review of retirement benefit records of government employees; subsequently finding records exempt from disclosure under Sunshine Law); accord State ex rel. Lester E. Cox Med. Ctr. v. Keet, 678 S.W.2d 813, 815 (Mo. banc 1984) (in discovery context, trial court has discretion to examine privileged documents in camera to determine whether redaction and production of documents is appropriate); State ex rel. Fusselman v. Belt. 893 S.W.2d 898, 901 (Mo.App. W.D.1995) (<HOLDING>). In light of the Sunshine Law and the Missouri 
 Holding statements: (A) holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense (B) holding that where a party claims a document is privileged and the trial court fails to conduct an in camera review or balancing test the trial court has departed from the essential requirements of the law (C) holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant (D) holding in camera review by trial court to determine whether crime stoppers information contained brady information would meet the balance of defendants constitutional rights against the states interest in fostering law enforcement (E) holding trial court should have reviewed records requested by criminal defendant in camera to determine whether they contained exculpatory evidence while protecting against unnecessary publication of privileged information

holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense