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: note that, contrary to Kooby and EHI’s assertion, the trial court is not required to hold a hearing on this m 2d 814) (1991) (same). 10 Rogers v. Norris, 262 Ga. App. 857, 857 (1) (586 SE2d 747) (2003) (“Although we review the trial court’s decision for an abuse of discretion, ‘the trial court must make findings on these issues before we may determine whether its discretion was abused.’ ” (quoting Ga. Dep’t of Human Res. v. Patillo, 194 Ga. App. 279, 279 (390 SE2d 431) (1990))); see also Wood v. Notte, 238 Ga. App. 748, 749 (1) (519 SE2d 923) (1999) (same); Crenshaw, 202 Ga. App. at 611 (1) (same). 11 See Rogers, 262 Ga. App. at 857 (1) (“Failure to make [findings of fact] mandates that we vacate the order dismissing the appeal and remand the case Ga. App. 40, 43 (555 SE2d 508) (2001) (<HOLDING>); A. Roberts Corp. v. Roberts, 207 Ga. App. 
 Holding statements: (A) holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it (B) holding that trial court made sufficient findings of fact when it dismissed appeal (C) holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case (D) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (E) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact

SOLUTION: holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it

PROBLEM: Apr. 14, 2011). Accord Wright v. Goord, 554 F.3d 255, 274 (2d Cir.2009) (dismissing a retaliation claim whose only causal basis was a letter that plaintiff wrote many weeks before the allegedly retaliatory acts, implicating officers other than named defendants). See also Def. Mem. at 11 ("[A] claim that one defendant took action against the plaintiff in retaliation for a complaint made against a different [officer] [should be] viewed with particular skepticism."). 40 . Def, Mem. at 17. 41 . See id. (citing exclusively to Eighth Amendment cases). 42 .Id. 43 . See Wright, 554 F.3d at 274. 44 . Def. Mem. at 18. 45 . Def. Mem. at 19. 46 . Davis, 320 F.3d at 353. 47 . Dawes, 239 F.3d at 493. 48 . Compare Hofelich v. Ercole, No. 06 Civ. 1369, 2010 WL 1459740, at *2 (S.D.N.Y. Apr. 10, 2010) (<HOLDING>), with Rembert v. Cheverko, No. 12 Civ. 9196, 
 Holding statements: (A) holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim (B) holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii (C) holding that verbal threats if they are specific can constitute adverse action for retaliation purposes (D) holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case (E) holding that a transfer of job duties can constitute an adverse employment action

SOLUTION: holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim

PROBLEM: evidence of a factual dispute. Initially, Plaintiff testified (and re-affirmed) that the picture looked like Midnight. Manson Dep. 360. Only when pressed about whether he had any reason to doubt the picture’s authenticity did Plaintiff voice doubts about the picture. He stated that Midnight had a “[sjhorter nozzle, bigger head, [and] nowhere near that many scar, if he had any.” Id. Plaintiff then testified that the pictured animal was not his dog, then hedged again, stating “It might'be, it just don’t look like him.” Id. at 360-61. In the absence of any independent evidence, Plaintiffs equivocal deposition statements could not prevent a reasonable juror from eonclud ing that the pictures are authentic. See S. Indus., Inc. v. Stone Age Equip., Inc., 12 F.Supp.2d 796, 809 (N.D.Ill.1998) (<HOLDING>). More importantly, the Officers had probable 
 Holding statements: (A) holding that the uncorroborated testimony of an informant may be sufficient to sustain a conviction (B) holding deposition testimony failed to create fact issue because it was internally inconsistent flatly contradicted by documentary and physical evidence and uncorroborated (C) holding that physicians affidavit created genuine issue of material fact even though it directly contradicted his prior deposition testimony where physician offered a plausible explanation for the change in his testimony (D) holding that an uncorroborated callers tip did not create reasonable suspicion (E) holding that uncorroborated testimony of one witness is sufficient by itself to sustain a conviction

SOLUTION:
holding that the uncorroborated testimony of an informant may be sufficient to sustain a conviction