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


question:
(“Due process requires that no one shall be personally bound until he has had his ‘day in court.’ ”). The 1992 statute, as applied in this case, provided State Farm no “fair opportunity” to be heard before it was called upon to divest itself of a significant property interest if it chose to preserve its long-recognized right of subrogation. Instead, the statute placed State Farm in the untenable position of being bound by law to the outcome of private settlement negotiations between the Hassens and UniSun that essentially determined its immediate liability for an award of damages, including noneconomic damages, even though it was not a party to the negotiations and had no available means to assert any legal defenses to the Hassens’ claim. Cf. Freidus v. Freidus, 89 So.2d 604 (Fla.1956) (<HOLDING>). The fact that the statute entitled State Farm 
 Holding statements: (A) holding that it is not (B) holding that foreign states are not persons entitled to rights under the due process clause (C) holding that it may not (D) holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it (E) holding that a corporation is entitled to due process of law insofar as property rights are concerned so that a money judgment may not be entered against it where it was not a party to a cause and was not served with process even though the principal stockholder was a party to the cause
answer:
holding that it is not


question:
the district court’s choice and application of the standard of review to the Plan’s decision. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We review- the Plan’s decision denying Barnes and other “Lump Sum” class members additional retirement benefits for an abuse of discretion with scepticism. See Burke v. Pitney Bowes Inc. Long-Term Disability Plan, 544 F.3d 1016, 1023-24 (9th Cir.2008). Where, as here, a plan unambiguously grants an administrator discretionary authority, the court reviews the administrator’s decision for abuse of discretion. Id. In determining the standard of review, we take into account the existence of a structural conflict of interest. Abatie, 458 F.3d at 965 (<HOLDING>); Metro Life Ins. Co. v. Glenn, 554 U.S. 105, 
 Holding statements: (A) holding that plan administrator that was also insurer operated under conflict of interest (B) holding that when the insurer is also the plan administrator we have recognized something akin to a rebuttable presumption of a palpable conflict of interest (C) holding the district court erred by finding an automatic conflict of interest merely because insurer and administrator were the same (D) holding that it is wrong to assume a financial conflict of interest from the fact that the plan administrator is also the insurer (E) holding that a structural conflict of interest exists when an insurer acts as both the plan administrator and the funding source
answer:

holding that plan administrator that was also insurer operated under conflict of interest