TASK DEFINITION: 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.
PROBLEM: Jones v. Wilson (In re Wilson), 72 B.R. 956 (Bankr. M.D.Fla.1987); McCullough v. Suter (In re Suter), 59 B.R. 944 (Bankr.N.D.Ill.1986). Palmer argues that the BAP erred in distinguishing among the various subsections of section 523 on the issue of the discharge of punitive damages. He notes that courts have found that punitive damages are nondischargeable under section 523(a)(4), which bars discharge of debts "for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny," 11 U.S.C. 523(a)(4), and under section 523(a)(6), which bars discharge of debts "for willful and malicious injury by the debtor to another entity or to the property of another entity," 11 U.S.C. 523(a)(6). See, e.g., Klemens v. Wallace (In re Wallace), 840 F.2d 762 (10th Cir.1988) (<HOLDING>); Moraes v. Adams (In re Adams), 761 F.2d 1422,
Holding statements: (A) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (B) holding that punitive damages are not fines (C) holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment (D) holding without discussion of the punitive damages issue that both actual and punitive portions of judgment for defalcation while acting in a fiduciary capacity were nondischargeable (E) holding a court may not award punitive damages

SOLUTION: (A)

PROBLEM: (second factor is "whether the [regulated] practice is an integral part of the policy relationship between the [private] insurer and the insured"). Finally, despite the MSP provision that the United States can pursue "any entity" for reimbursement, see id. (third factor is "whether the [regulated] practice is limited to entities within the insurance industry''), the MSP provision limits reimbursement to recoveries from "primary plans," whose definition lists only entities which are clearly "within" the insurance industry. See 42 U.S.C. 1395y(b)(2)(A) ("primary plan" means "a group health plan or large group health plan, ... a workmen's compensation law or plan, an automobile or liability insurance policy or plan ... or no-fault insurance"); cf. Kachanis, 844 F.Supp. 877 (D.R.I.1994) (<HOLDING>). 6 . Finally, the Fund raises a puzzling
Holding statements: (A) holding 1012 applicable to feca provision allowing united states to recover from any third party (B) holding that the secretary of the interior breached the united states duty of loyalty despite the absence of any applicable treaty or statutory provision (C) holding that a states entitlement to indemnification from a third party does not vitiate the states sovereign immunity against a money judgment (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding that an ancillary forfeiture proceeding pursuant to 21 usc 853n is a civil action for the purpose of allowing a third party to recover attorneys fees

SOLUTION: (A)

PROBLEM: and fired North Bay's employees, and that Elmar Lee Pettit made the decision that North Bay would be non-union. Nor does appellants' evidence contradict appellees' proffer that Elmar Lee Pettit transferred Nor-Cal accounts to North Bay. Elmar Lee Pettit does declare that "I told [customers] I could not help them, that they should call North Bay Plumbing." (C.R. 229.) But these general denials of involvement in North Bay's affairs conflict with his sworn statements on North Bay's business license that he would "supervis[e] and control" North Bay's plumbers. Such internal inconsistencies in a party's own testimony fail to create a genuine issue of material fact as to whether North Bay was the alter ego of Nor-Cal. See Radobenko v. Automated Equip. Corp., 520 F.2d 540, 544 (9th Cir.1975) (<HOLDING>). 2 Intent Even though the district court
Holding statements: (A) holding that a plaintiff cannot create an issue of material fact to defeat summary judgment through an affidavit that contradicts prior testimony (B) holding that mere speculation does not satisfy the nonmoving partys burden of establishing a dispute of material fact sufficient to defeat a motion for summary judgment (C) holding that the necessity of choosing between the appellants two conflicting versions of a material fact does not defeat summary judgment (D) holding that conflicting expert evidence regarding function establishes material issue of fact (E) holding that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment the requirement is that there be no genuine issue of material fact

SOLUTION:
(C)