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.

Ex Input:
resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass'n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by
Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata

Ex Output:
holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii

Ex Input:
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

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

Ex Input:
injuries, except her aff concerning the degree of disability associated with the preexisting condition versus that arising from the falls, the Commission was not compelled to believe it and could reject all or any part of it which it did not consider credible. Hutchinson v. Tri-State Motor Transit Co., 721 S.W.2d 158, 162 (Mo.App. S.D.1986). "The degree of disability resulting from an injury and preexisting conditions are questions of fact resolved by the Commission." Carter v. Frito-Lay, 913 S.W.2d 341, 343 (Mo.App. E.D.1995). "The decision to accept one of two conflicting medical opinions is an issue of fact for the Commission." Johnson v. Denton Constr. Co., 911 S.W.2d 286, 288 (Mo.banc 1995); see also Duncan v. Springfield R-12 Sch. Dist., 897 S.W.2d 108, 113 (Mo.App. S.D.1995) (<HOLDING>). The Commission chose to accept the testimony
Holding statements: (A) holding that the weight of a classification determination depends upon all those factors which give it power to persuade (B) holding that the interests of two insurance companies were adverse under wis stat 102231a 19891990 relating to workers compensation when the respective liability of the two insurance companies depends on the determination of the date of injury (C) holding that under the doctrine the district court should have stayed the diversityjurisdiction case pending the state workers compensation commissions final decision on whether the defendant properly paid certain workers compensation claims (D) holding that wjhere the right to compensation depends upon which of two conflicting medical theories should be accepted the issue is peculiarly for commissions determination (E) holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning

Ex Output:
holding that the weight of a classification determination depends upon all those factors which give it power to persuade