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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: a favorable decision, by which we mean that the “prospect of obtaining relief from the injury as a result of a favorable ruling” is not “too speculative.” In re Integra Realty Res., Inc., 262 F.3d 1089, 1101 (10th Cir.2001) (quoting Northeastern Fla. Chapter of the Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656, 663-64, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993) (internal quotation marks omitted)). The NMCGA contends that the provision for attorneys’ fees is an “egregious and illegal use of tax dollars.” NMCGA’s Response at 7. It is well established that a taxpayer does not have standing to challenge state and federal spending decisions. Colo. Taxpayers Union, Inc. v. Romer, 963 F.2d 1394, 1399 (10th Cir.1992) (citing Flast v. Cohen, 392 U.S. 83, Cl. 183, 184-85 (2006) (<HOLDING>). While NMCGA does not have standing to 
 Holding statements: (A) holding that an intervenor has no power to veto a settlement by other parties (B) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party (C) holding that the plaintiffs mere failure to execute on a judgment the only allegedly fraudulent act is not fraudulent concealment (D) holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement (E) holding that an intervenor lacked standing to challenge a settlement agreement between the plaintiff and the united states on the grounds that one of the plaintiffs claims was fraudulent because the intervenors were not parties to the settlement and suffered no personal harm from it notwithstanding the potential that its tax dollars went to pay the allegedly fraudulent claim

Answer: holding that an intervenor has no power to veto a settlement by other parties


Question: states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments § 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) (“[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew’s evaluation prior to the arbitration proceeding.”). But see Klein v. Comm’r, 880 F.2d 260, 263 (10th Cir.1989) (“A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence.”); Calcutt v. Comm’r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness 
 Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action

Answer: holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial


Question: with NASD’s Motion to Dismiss Lugosch definitively reinforced Amodeo II’s ruling that documents submitted in connection with a motion for summary judgment are judicial documents for presumption-of-access purposes, 435 F.3d at 123, a principle that district courts have faithfully applied. See, e.g., Prescient, 487 F.Supp.2d at 374; Allen v. City of New York, 420 F.Supp.2d 295, 302 (S.D.N.Y.2006). Other courts in this Circuit have found the presumption applicable in other contexts, as well. See, e.g., In re San Francisco Chronicle, 07-00256-MISC (TCP), 2007 WL 2713859, at *3 (E.D.N.Y. Sept. 14, 2007) (noting that presumption applies to “search warrant materials after an investigation is over”) (citing In re Newsday, Inc., 895 F.2d 74, 76 (2d Cir.1990)); Sattar, 471 F.Supp.2d at 386 (<HOLDING>). It appears, however, that the post-Lugosch 
 Holding statements: (A) recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard (B) holding that letter and report filed in conjunction with defendants sentencing submission are judicial because they supported her argument at sentencing (C) holding defendants failure to object to the drug quantity assessment in the presentence report at sentencing was a waiver of the issue on appeal (D) holding that the right applies at capital sentencing in particular (E) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing

Answer:
recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard


