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: Statement. They were, however, obtained prior to this Court's actual approval of the Amended Disclosure Statement, which occurred on December 19, 2008 (i.e. at the joint hearing on approval of the Amended Disclosure Statement and the Amended Plan). Although typically a disclosure statement should be approved before the proponent solicits votes for the plan, here the premature solicitation was harmless and, as noted by the Bankruptcy Court for the Northern District of Georgia, a harmless failure to comply with 1125's solicitation requirements "is not necessarily fatal to the success of a Chapter 11 reorganization." In re N.W. Recreational Activities, Inc., 8 B.R. 10, 12 (Bankr.D.Ga.1980); see also First Am. Bank of N.Y. v. Century Glove, Inc., 81 B.R. 274, 278-80 (D.Del.1988) (<HOLDING>). Pursuant to 11 U.S.C. 105(d)(2)(B)(vi),
Holding statements: (A) holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case (B) holding such agreements to be per se illegal (C) holding that per se statutory rule is not permissible under fourth amendment (D) holding hearing in chambers was not per se a violation of due process (E) holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process

SOLUTION: (E)

PROBLEM: Legislative acts are those which involve policy-making decision of a general scope or, to put it another way, legislation involves line-drawing. Where the decision affects a small number or a single individual, the legislative power is not implicated, and the act takes on the nature of administration. In addition, the act must be "procedurally" legislative, that is, passed by means of established legislative procedures. This principle requires that constitutionally accepted procedures of enacting the legislation must be followed in order to assure that the act is a legitimate, reasoned decision representing the will of the people which the governing body has been chosen to serve. E.g., Immigration & Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983) (<HOLDING>). Thus, the procedure the legislature follows
Holding statements: (A) holding on the merits that the existence of an unexercised legislative veto provision in a statute would render invalid actions taken under the statute unless the legislative veto provisions were severable from the portion of the statute pursuant to which the challenged actions were taken (B) holding that legislative consent to suit must be by clear and unambiguous language in either a statute or by other express legislative permission (C) holding onehouse legislative veto unconstitutional (D) holding that determining legislative intent is a question of law (E) holding acts of voting to be quintessentially legislative and the introduction of a budget to be formally legislative

SOLUTION: (C)

PROBLEM: provisions. Given the defendants' conduct to date, the court is unpersuaded that CIG-NA/CGLIC should be given another opportunity to retroactively re-consider Ms. Dorris's ongoing disability status as it existed over the past three years. The defendants have already received the benefit of one remand to reevaluate Ms. Dorris's claim, and it took them over six months to issue a ruling surpassing by several months the time period allowed by law to review an entire ERISA appeal, much less a single seven-page SSDI document. See C.F.R. 2560.503-1. Moreover, the ruling came only after Ms. Dorris filed a motion to reinstate this action with this court. Further remands are not appropriate under these circumstances. Cf. Williams v. Int'l Paper Co., 227 F.3d 706, 715-16 (6th Cir.2000)(<HOLDING>). There is sufficient uncontroverted evidence
Holding statements: (A) holding that it is appropriate to remand to the plan administrator when the administrative record is incomplete (B) holding that a remand need not be ordered despite legal errors if remand would be futile (C) holding that plan administrator acted arbitrarily and capriciously when it failed to consider additional medical evidence submitted by plaintiff and that it was appropriate for the court to retroactively grant disability benefits without remanding the case where there are no factual determinations to be made and a remand would be futile (D) holding that retransfer to district court would be futile where district court determined it was without jurisdiction to hear plaintiffs claim (E) holding that district courts order remanding an erisa benefits determination to a plan administrator was nonfinal and therefore not appealable after the remand to plan administrator plan participant still could appeal the district courts decision that erisa preempted her state law claim and if successful she would be able to pursue punitive damage

SOLUTION:
(C)