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.

Example Input: pain and suffering, demonstrated his reliance on a prohibited tort theory); Strock v. Pressnell, 38 Ohio St.3d 207, 527 N.E.2d 1235, 1242-43 (1988) (declining to consider an intentional infliction of emotional distress action, in which the plaintiff sought damages for “anguish, shock, nervousness, and depression,” because the abolition of claims for alienation of affections was intended to preclude these allegations); see also Wilson v. Still, 819 P.2d 714, 716 (Okla.1991) (finding a suit for intentional infliction of emotional distress was barred because the plaintiff basically sued the defendant for “wil-fully taking away her husband” and stating the legislature immunized that conduct from tort liability). But see Erickson v. Christenson, 99 Or.App. 104, 781 P.2d 383, 385-86 (1989) (<HOLDING>), appeal dismissed, 311 Or. 266, 817 P.2d 758 
 Holding statements: (A) holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute (B) holding a plaintiff could proceed on a claim alleging intentional infliction of emotional distress because the alleged losses were different from those for seduction but also stating plaintiffs previously suing for seduction could recover for damage to character and reputation as well as for mental anguish and pecuniary losses (C) recognizing validity of cause of action for intentional infliction of emotional distress (D) holding that police officers were immune from liability for damages resulting from alleged intentional infliction of emotional distress (E) recognizing the tort of intentional infliction of emotional distress
Example Output: holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute

Example Input: indorsers, and other persons conditionally liable also receive benefits from payment of the debt. If called on to pay, guarantors and the like would have been creditors; the “benefit” to them is that extinguishing the primary debt means that they receive a larger percentage of their claim than they would have had they paid and been converted to general creditors of the bankrupt. Cases under the 1898 Act routinely held that unless a person escapes an obligation to pay and so reaps a larger portion of his claim than do other creditors, he has not received a statutory “benefit”. E.g., Mayes v. Palmer, 208 F. 97 (8th Cir.1913); Walker v. Wilkinson, 296 F. 850 (5th Cir.1924); Mansfield Lumber Co. v. Sternberg, 38 F.2d 614 (8th Cir.1930). See also Bonded Financial, 838 F.2d at 895-96 (<HOLDING>). The Liquidator has not identified, and we 
 Holding statements: (A) holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a (B) holding that transferee and beneficiary are mutually exclusive categories (C) holding trial court is sole and exclusive judge of witnesses credibility (D) holding that the remedies are exclusive (E) recognizing that  1983 and  2254 proceedings are mutually exclusive so that if a claim can be properly raised in one of those proceedings it cannot be raised in the other type of proceeding
Example Output: holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a

Example Input: resulting injury.” Id. at 643, 904 P.2d at 1068. We note, however, that DeFeo also contains the following language: “Without an explicit waiver, the Nation is immune from suit in state court — even if the suit results from commercial activity occurring of the Nation’s reservation.” Id. {7} Worker next asserts that Lopez v. Ski Apache Resort, 114 N.M. 202, 836 P.2d 648 (Ct.App.1992), stands for the proposition that Ski Apache is not immune from suit where a skier was injured within the boundaries of New Mexico. However, the Court in Lopez makes no mention of tribal sovereign immunity. {8} Worker also argues that commercial off-reservation activity by a tribal entity is not protected by sovereign immunity under Padilla v. Pueblo of Acoma, 107 N.M. 174, 179-80, 754 P.2d 845, 850-51 (1988) (<HOLDING>). Conversely, the Tribe asserts that Kiowa 
 Holding statements: (A) holding that as a matter of federal law an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity (B) holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity (C) holding that waiver in a sue and be sued clause is limited to actions involving the corporate activities of the tribe and does not extend to actions of the tribe in its capacity as a political governing body (D) holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation (E) holding that the district court may exercise jurisdiction over an indian tribe when the tribe is engaged in activity off of the reservation as an unincorporated association registered and authorized to do business in this state and is sued in that capacity for breach of a written contract
Example Output:
holding that as a matter of federal law an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity