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. 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.
question:
v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE's discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The "Restricted" Experiments We do not reach the issue of whether the DOE's decision not to include information about "restricted" experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court's ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a
Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived
answer:
(A)

question:
Corpus Christi 1977, no writ); Hagemeister v. Vanity Fair Properties, 508 S.W.2d 879, 881 (Tex.Civ.App.Tyler 1973, writ dism'd). Thus, collateral estoppel dictates that venue of any subsequent suit involving the same subject matter and the same parties as the initial suit be governed by the venue determination in the initial suit. See Orozco, 681 S.W.2d at 245-46; Pinney, 558 S.W.2d at 36. First, Miller II involves the same parties as the Windsor suit. Both State & County and Windsor were parties to the Windsor suit. Although Ledbetter and Curtiss were not named in the Windsor suit, as officers of State & County, they were in privity with a party; thus, collateral estoppel would apply to them as well. Cf. Getty Oil Co. v. Insurance Co. of N. Am., 845 S.W.2d 794, 800 (Tex.1992) (<HOLDING>), cert. denied sub nom. Youell & Cos. v. Getty
Holding statements: (A) holding that defendant in second suit was in privity for res judicata purposes because his interests were aligned with those of defendant in first suit which concerned same facts (B) holding that res judicata applies when the question of jurisdiction is raised and determined (C) holding that res judicata applies in deportation proceedings (D) holding that the doctrine of res judicata applies to deportation proceedings (E) holding res judicata also applies to those in privity with parties
answer:
(E)

question:
performance. Cuyler, 446 U.S. at 348-50, 100 S.Ct. 1708. A showing of prejudice from any such adverse effect is not required. See United States v. Hearst, 638 F.2d 1190, 1194 (9th Cir.1980). An "actual conflict" results when counsel "actively represented conflicting interests." Strickland, 466 U.S. at 692, 104 S.Ct. 2052 (internal quotation marks omitted). An actual conflict need not be a direct conflict, and it need not be established separately from adverse effect. See Mickens v. Taylor, 535 U.S. 162, 172 n. 5, 122 S.Ct. 1237, 152 L.Ed.2d 291 (2002). Instead, an actual conflict "is a conflict of interest that adversely affects counsel's performance." Id. Successive representation is sufficient to establish a conflict, see Belmontes v. Brown, 414 F.3d 1094, 1118 (9th Cir.2005) (<HOLDING>), cert. granted sub nom. Ornaski v. Belmontes,
Holding statements: (A) holding that the most significant relationship test as espoused in the restatement of conflicts governs conflicts cases sounding in tort in case where automobile collision occurred in mexico (B) holding that strickland applies to cases involving successive representation (C) holding that conflicts of constitutional magnitude can arise from cases of successive representation (D) recognizing adequacy of notice as a matter of obvious constitutional magnitude (E) holding that the failure to optout precluded challenge to adequate representation based upon purported conflicts of interest between subclasses
answer:
(C)