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:
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
answer:
(C)

question:
and Defendants, therefore, terminated her employment without notice and an opportunity to be heard. A 1983 claim for deprivation of procedural due process has three elements: "(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process." Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir.2003). Thus, the Due Process Clause protects one's job only where one has a property right in that job. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Defendants do not dispute that Plaintiff was a non-probationary employee in Alabama's classified service and, therefore, had a property interest in her position. See Ex parte Moulton, 116 So.3d 1119, 1133-35 (Ala.2013) (<HOLDING>) (quoting Bd. of Regents v. Roth, 408 U.S. 564,
Holding statements: (A) recognizing that plaintiff can bring action under due process clause of state constitution (B) holding that the due process clause protects only those liberty interests created by the state (C) holding that a state agency created under state law was a state actor (D) holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law (E) holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment
answer:
(E)

question:
See 42 U.S.C. 300aa-11(b)(1)(A), 300aa-11(c)(1)(A); see also Schafer, 20 F.3d at 7; Head v. Sec'y of Dept. of Health and Human Servs., 26 Cl.Ct. 546, 547 n. 1 (1992), aff'd, 996 F.2d 318 (Fed.Cir.1993). In this case, neither Plaintiff alleges to have "suffered a relevant injury ... after he or she received a vaccine." Nor have Plaintiffs asserted any claims in a representative capacity. Therefore, the Vaccine Act's requirement that petitioners file a Program petition prior to a lawsuit does not bar Plaintiffs from filing the instant action against the Vaccine Manufacturers. See Schafer, 20 F.3d at 5 (explaining that the Vaccine Act's tort suit ban does not apply to individuals who cannot file petition in the Vaccine Court except in a representative capacity); Head, 26 Cl.Ct. at 550 (<HOLDING>); McDonald v. Lederle Labs., 341 N.J. Super.
Holding statements: (A) holding that mother who neither owned vehicle in question nor had control over her daughter could not be liable as a matter of law for damages caused by daughters negligent driving (B) holding that an amendment by a plaintiff to allege a claim in her representative capacity as adminis trator of estate under federal law related back to claims brought in her individual capacity under state law such an amendment was not equivalent to the commencement of a new cause of action so as to subject the amendment to the statute of limitations (C) holding that an award to a mother in her individual capacity in an action arising from vaccinerelated injuries received by her daughter did not bar the daughters subsequent action under the vaccine act (D) holding that daughter had no express authority to sign arbitration agreement for mother where no power of attorney and daughter did not discuss signing the agreement with her mother (E) holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends
answer:
(C)