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 Q]: Dube, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dube issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant's Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision's factual findings, no presumption of validity attaches to the Commissioner's conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own
Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted
[EX A]: (E)

[EX Q]: although incorporated or approved in the decree, is not merged therein, the parties may enforce it by s clear that "jurisdiction of the Court depends upon the state of things at the time of the action brought, and that after vesting, it cannot be ousted by subsequent events." Smith v. Sperling, 354 U.S. 91, 93 n. 1, 77 S.Ct. 1112, 1 L.Ed.2d 1205 (1957) (citation omitted). 18 . Courts in this district have long recognized that "a coiporation is an indispensable party in a shareholder derivative action suit." See Gibson v. BoPar Dock Co. Corp., 780 F.Supp. 371, 373 (W.D.Va.1991) (citing Tower Hill Connellsville Coke Co. v. Piedmont Coal Co., 33 F.2d 703, 706 (4th Cir.1929), cert. denied, 280 U.S. 607, 50 S.Ct. 157, 74 L.Ed. 650 (1930)); Bates v. Cekada, 130 F.R.D. 52, 59 (E.D.Va.1990) (<HOLDING>) (citations omitted); Taylor v. Swirnow, 80
Holding statements: (A) holding that in order to maintain a derivative cause of action a shareholder must maintain a continuous ownership interest in the corporation (B) recognizing that a corporation is properly aligned as a defendant in a shareholder derivative suit when the corporation is in antagonistic hands (C) recognizing that in a derivative action the corporation for whose benefit suit is brought is a necessary party to the action (D) holding that a shareholder who disposes of his shares loses standing to bring a derivative action no longer a shareholder in the corporation the defendant cannot maintain a derivative action on its behalf (E) recognizing that the corporation is always deemed to be an indispensable party in a shareholder derivative action
[EX A]: (E)

[EX Q]: amounts in the budget process that were insufficient to fund payments due local governments as stated in the Act. This failure to request sufficient funds was a breach of the alleged implied contract, plaintiff believes, citing the General Accounting Office on the issue of statutory formulae: 'Where allocation of funds is based on a statutory formula, the formula itself establishes the obligation to each recipient and the obligation occurs by operation of law." GAO, Principles of Federal Appropriations Law ("GAO Redbook") at 7-34. Greenlee also points to eases in which the full appropriation for a government obligation was not available, yet the obligation itself remained. The plaintiff had recourse to the courts for the difference. See, e.g., New York Airways, 369 F.2d at 748 (<HOLDING>). The elements of an implied-in-fact contract
Holding statements: (A) holding that the 2005 amendment was a substantive change (B) recognizing that four reasons for granting a rule 59e motion are manifest errors of law or fact newly discovered or previously unavailable evidence manifest injustice and an intervening change in controlling law (C) holding that change in state substantive case law does not constitute the removal of an impediment (D) holding that a subsequent petition may be filed upon a showing of a change in circumstances (E) holding that congress had the power to amend an obligation but any intent to change substantive law in a subsequent appropriation must be clearly manifest
[EX A]:
(E)