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.
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Question: Statement. They were, however, obtained prior to this Court’s actual approval of the Amended Disclosure Statement, which occurred on December 19, 2008 (i.e. at the joint hearing on approval of the Amended Disclosure Statement and the Amended Plan). Although typically a disclosure statement should be approved before the proponent solicits votes for the plan, here the premature solicitation was harmless and, as noted by the Bankruptcy Court for the Northern District of Georgia, a harmless failure to comply with § 1125’s solicitation requirements “is not necessarily fatal to the success of a Chapter 11 reorganization.” In re N.W. Recreational Activities, Inc., 8 B.R. 10, 12 (Bankr.D.Ga.1980); see also First Am. Bank of N.Y. v. Century Glove, Inc., 81 B.R. 274, 278-80 (D.Del.1988) (<HOLDING>). Pursuant to 11 U.S.C. § 105(d)(2)(B)(vi), 
 Holding statements: (A) holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case (B) holding such agreements to be per se illegal (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding hearing in chambers was not per se a violation of due process (E) holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process

Answer: (E)


Question: recipient venue because their lack of standing here means it is not a district “in which [the case] might have been brought,” according to the requirements of the transfer statute. 28 U.S.C. § 1404(a); see also 28 U.S.C. § 1406(a). Plaintiffs suggest that this court should “sensibly confirm[] that inherent in any discretionary transfer here is the idea that jurisdiction cannot be destroyed.” PI. Resp. 25. The argument is artful but unpersuasive. “There is no valid reason for reading the words ‘where it might have been brought’ to narrow the range of permissible federal forums beyond those permitted by federal venue statutes.” Van Dusen v. Barrack, 376 U.S. 612, 623, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964); see also Carbonara v. Olmos, 1994 WL 61797, at *1 (N.D.Ill. Feb. 24, 1994) (<HOLDING>). B. Standing of SAF SAF asserts both 
 Holding statements: (A) holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court (B) holding venue proper where proper when the action was commenced (C) holding that transfer to a district in which circuit law likely precluded standing was proper because the language of  1404a refers only to whether venue is proper and not a plaintiffs capacity to sue (D) holding that plaintiffs lacked standing to sue (E) holding that venue is proper in any judicial district in which the corporation is doing business

Answer: (C)


Question: factual evidence. The insufficiency of the evidence is fatal to the requisite analysis of the Rule 23 criteria that a trial court must conduct before certifying a class action. See Citicorp, 715 So.2d at 204 (requiring that a trial court conduct a rigorous analysis of the certification criteria). In this case, the insufficiency of the evidence is reflected in the conclusory analysis of the Rule 23(a) typicality and adequacy criteria contained in the trial court’s certification order. The order merely recites the requirement of these criteria and summarily concludes that both of these prerequisites are met. Thus, the St. Clair Circuit Court abused its discretion in certifying the class in the Wallace Action. ' See Ex parte American Bankers Life Assurance Co., 715 So.2d 186 (Ala.1997) (<HOLDING>). 2. The Rockett Action The Birmingham Water 
 Holding statements: (A) holding the court was not required to decide the issue of whether the district court properly certified a rule 23b2 class because the court already concluded that the district court appropriately certified the class under rule 23b3 citing authority for the proposition that a court need only find that a class action may be maintained under any of the three subdivisions (B) holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court (C) holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed (D) holding that a class could not be certified because the definition made class members impossible to identify prior to individualized factfinding and litigation and thereby failed to satisfy one of the basic requirements for a class action under rule 23 (E) holding that the trial court improperly certified a class because it had not conducted a rigorous analysis of the elements of commonality and typicality

Answer:
(E)