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.

Q: The savings clause states that “[compliance with an order [under the MDA] shall not relieve any person from liability under Federal or State law.” 21 U.S.C.A. § 360h(d). While the savings clause almost certainly prohibits a holding that the MDA preempts all state law liability, our interpretation of § 360k(a) does not preclude all liability. Further, nothing in the savings clause suggests that some tort liability, as opposed to other types of liability, must be preserved. Interpreting the savings clause to preserve non-tort liability, such as contract liability, is not only permissible, but also comports with the Supreme Court’s interpretation of a savings clause in a recent preemption case. See American Airlines, Inc. v. Wolens, — U.S. -, -, 115 S.Ct. 817, 826, 130 L.Ed.2d 715 (1995) (<HOLDING>). Moreover, where the preemptive intent of 
 Holding statements: (A) holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs (B) holding consumer claims under the texas deceptive trade practices act nonassignable (C) holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions (D) holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act (E) holding that cjlaims for unfair competition and deceptive business practices involving trade names brought under illinois statutes are to be resolved according to the principles set forth under the lanham act and noting that illinois courts look to federal case law and apply the same analysis to state infringement claims

A: holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs
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Q: in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). Under the Ninth Circuit’s “sliding scale” approach, however, “serious questions going to the merits and a hardship balance that tips sharply toward the plaintiff can support the issuance of an injunction, assuming the other two elements of the Winter test are also met.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011). The “sliding scale” approach allows “district courts to preserve the status quo where difficult legal questions require more deliberate investigation.” Greene v. Wells Fargo Bank, N.A., No. C 15-00048 JSW, 2015 WL 3945996, at *1 (N.D. Cal. June 26, 2015); see also Leiva-Perez v. Holder, 640 F.3d 962, 971 (9th Cir. 2011) (<HOLDING>). IY. Analysis . As a threshold matter, the 
 Holding statements: (A) holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted (B) holding that the standard for permanent injunction is the same as that for preliminary injunction with the one exception being that the plaintiff must show actual success on the merits rather than likelihood of success (C) holding that success on a motion to sever requires a strong showing of prejudice (D) holding that under the sliding scale approach a petitioner had made a sufficiently strong showing of likely success on the merits where he presented a case which raises serious legal questions or has a reasonable probability or fair prospect of success (E) holding that injunctive relief may be warranted where there is a particularly strong likelihood of success on the merits even if there is a relatively slight showing of irreparable injury

A: holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted
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Q: Aff. ¶¶ 23, 24. See also PL’s Depo. at 178 (Ex. F to Document No. 39).) To be sure, Plaintiff cites no law stating that sleeping, writing, using a truck driver’s license, or sex are “major life activities,” but Defendants raise no argument to the contrary. Accordingly, the court will assume that at least some of these activities are “major life activities” under the ADA and chapter 151B. See Arrieta-Colon v. Wal-Mart P.R., Inc., 434 F.3d 75, 88 (1st Cir.2006) (“Under Bragdon v. Abbott, 524 U.S. 624, [638-39], 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998), ‘reproduction is a major life activity for the purposes of the ADA’ and ‘reproduction and the sexual dynamics surrounding it are central to the life process itself.’ ”); Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 21 (1st Cir.2004) (<HOLDING>); Farrington v. Bath Iron Works Corp., 2003 WL 
 Holding statements: (A) recognizing that to establish a disability a plaintiff must prove a substantial limit with specific evidence that his particular impairment substantially limits his particular major life activity (B) recognizing sleeping as major life activity (C) holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity (D) holding that breathing is a major life activity within the contemplation of the ada (E) holding that reproduction is not a major life activity

A:
recognizing that to establish a disability a plaintiff must prove a substantial limit with specific evidence that his particular impairment substantially limits his particular major life activity
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