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.

Ex Input:
not reached a final decision on the merits, entitling a litigant to relitigate the issue. International Nutronics, 28 F.3d at 970-71 (antitrust claim against joint venture bidders could have been brought in pri- or bankruptcy proceeding, thus, claim was precluded in subsequent suit to avoid the sale); International Union of Operating Eng'r.-Employers Constr. Indus. Pension, Welfare & Training Trust v. Karr, 994 F.2d 1426, 1430 (9th Cir.1993) (in employee action to recover benefits from employer, employee's audit claim barred by res judicata because it could have been brought in prior proceeding). If litigants could bring a new suit whenever an issue was not previously litigated, no judgment would ever be final. See Ellingson v. Burlington N., Inc., 653 F.2d 1327, 1331 (9th Cir.1981) (<HOLDING>). The proper method to challenge the decision
Holding statements: (A) holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 (B) holding that an indemnitees settlement must be in an amount reasonable in view of the size of possible recovery and degree of probability of claimants success against the indemnitee quoting damanti v as inger 314 f2d 395 397 2d cir1963 cert denied 375 us 834 84 sct 46 11 led2d 64 1963 (C) holding that a change in law does not affect the res judicata effect of judgments citing chicot county drainage dist v baxter state bank 308 us 371 375 60 sct 317 319 84 led 329 rehg denied 309 us 695 60 sct 581 84 led 1035 1940 (D) recognizing nardone v united states 308 us 338 60 sct 266 84 led 307 1939 taint test as controlling authority (E) holding that due process forbids the use of a coerced confession irrespective of its truth as announced in jackson v denno 378 us 368 84 sct 1774 12 led2d 908 to be retroactive

Ex Output:
(C)

Ex Input:
any evidence that Qualex's action had any reason to perceive plaintiff as being disabled, any claim that the withdrawal of the offer of employment was motivated by such a perception is purely speculative. As such, plaintiffs claim that defendant Qualex violated the ADA by withdrawing its offer of employment fails as a matter of law. See Hoffman at 1 ("Unsupported speculation does not satisfy a party's burden to produce some evidence in resisting a summary judgment motion."). B. The Drug-free Workplace policy. Plaintiffs second claim is that the "Drug-free Workplace" policy maintained by defendant Qualex is a blanket exclusionary policy, leaving no allowance for the legal use of controlled substances. See Rowles v. Automated Production Systems, Inc., 92 F.Supp.2d 424, 430 (M.D.Pa.2000) (<HOLDING>). Plaintiff further argues that defendant
Holding statements: (A) holding that employers drug policy violated the ada to the extent that it prohibits the use of all legally prescribed controlled substances without a determination that such prohibition is jobrelated and consistent with business necessity (B) holding highest and best use is to be considered to the full extent that the prospect of demand for such use affects the market value (C) holding that the 60day rule under the wisconsin controlled substances act is mandatory and that failure to set the hearing within that period deprived the trial court of jurisdiction (D) holding that the ada exceeds the 5 power at least to the extent it extends beyond remedies for irrational discrimination (E) recognizing that the sentence imposed should be consistent with the protection of the public

Ex Output:
(A)

Ex Input:
941, 944 (1937); Meunier v. Bernich, 170 So. 567, 572 (La.Ct.App.1936); Fitchette v. Taylor, 191 Minn. 582, 254 N.W. 910, 911 (1934); Akron Bar Ass'n v. Bojonell, 88 Ohio St.3d 154, 724 N.E.2d 401, 402 (2000); Cincinnati Bar Ass'n v. Cromwell, 82 Ohio St.3d 255, 695 N.E.2d 243, 244 (1998); Mazzacaro, 351 A.2d at 234; Brown v. Unauthorized Practice of Law Comm., 742 S.W.2d 34, 42 (Tex.Ct.App.1987); accord 16 John A. Appleman and Jean Appleman, Insurance Law and Practice 8649, at 137 (1981) ("generally the courts have held that if a lay adjuster attempts to handle claims on behalf of plaintiffs, or to effect settlements for them, even though litigation is not required, such amounts to the practice of law"); cf. Unauthorized Practice of Law Comm. v. Jansen, 816 S.W.2d 813, 814-16 (1991) (<HOLDING>). The reasoning of these courts is helpful in
Holding statements: (A) holding that public insurance adjusters were not engaged in the practice of law when they merely documented and presented firstparty claims for property damage to insurance compa nies even though they discussed the competing valuations with the inhouse insurance adjuster the court distinguished these activities from the evaluation and presentation of personal injury claims and from the negotiation of settlements (B) holding that the proceeds of a liability insurance policy were not property of the estate (C) holding that legal injury occurred for purposes of negligence action against insurance agent when insurance company rejected the claim (D) holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies (E) holding that even if an insurance broker is the agent of the insurance company for purposes of soliciting and procuring the policy that would not necessarily make the broker the agent of the insurance company for the purpose of receiving notice of suits and claims

Ex Output:
(A)