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.

to his defense, an in camera review of those records must be conducted to ascertain whether they contain evidence that is reasonably necessary, and therefore essential, to the defense. Only when the trial court finds such evidence, should it be provided to the defendant. Id. at 562. This court agrees with the reasoning of Stanaway. To hold the statutory privilege superior to Mr. White's right to obtain potentially exculpatory evidence would be unconstitutional. Id. at 573-75. Because a court has already determined that the adoption records sought by Mr. White may contain evidence relevant to Mr. White's defense, denying Mr. White access to such evidence would violate his right to due process. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963) (<HOLDING>). "An in camera review by the trial court will
Holding statements: (A) holding that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution (B) holding that suppression by government of evidence favorable to accused upon request violates due process when evidence is material to guilt (C) holding that suppression by prosecution of evidence favorable to the accused upon request by the defense violates due process where evidence is material either to guilt or punishment irre spective of the good faith of the prosecution (D) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution (E) holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material
(E)

Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, "although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority." Id. The Court agrees with the Second Circuit's analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any
Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made
(E)

objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions. Submitted this 1st day of April, 2011. 1 . When parties fail to file timely objections to a magistrate judge's report and recommendation, the Federal Magistrates Act does not require a district court to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 ) (<HOLDING>); Oldrati v. Apfel, 33 F.Supp.2d 397, 399
Holding statements: (A) holding the appellate standard of review in fourth amendment search and seizure cases is limited to determining whether any evidence supports the trial courts finding and the appellate court may only reverse where there is clear error (B) holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record (C) holding that the role of the courts is limited to ascertaining whether there exists one of the specific grounds for the vacation of an award as provided in 10 of the arbitration act and that the court should not review the arbitration proceeding for errors of law or fact (D) holding without a transcript of proceedings below review on appeal is limited to errors of law that are apparent on face of record (E) holding that the courts review is limited to ascertaining whether there is clear error on the face of the record
(E)