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: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date.” Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep’t 2008)). I agree with Judge Weinstein’s well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even 
 Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
Example Output: holding that mandatory arbitration agreements in the employment context fall under the faa

Example Input: the Bond offering because they underwrote the transaction and sold the Bonds to investors, either directly or through their brokers. Indeed, given the role of underwriters generally, Baird, Jones, and Stern “had a duty to make an to speak, they knew investors might rely on the statements made. The law firms’ duty, however, must also be considered in light of the services they were retained to perform. Because Kutak and Stinson were not hired to opine on the feasibility of the Event Center, they cannot have been held to a duty to investigate or determine whether the financial projections were realistic unless these firms otherwise became involved in the making, preparing, or drafting of those projections. See N.Y. City Emps.’ Ret. Sys. v. Berry, 616 F.Supp.2d 987, 994 (N.D.Cal.2009) (<HOLDING>). Similarly, to the extent the law firms 
 Holding statements: (A) holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors (B) holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements (C) recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case (D) holding that district court must conduct individualized assessment based on particular facts of each case (E) holding that the issue of waiver requires an analysis of the specific facts in each case
Example Output: holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors

Example Input: 1068 (1952) (free speech and equal protection); Shelley v. Kraemer, 334 U.S. 1, 68 S.Ct. 836, 92 L.Ed. 1161 (1948) (equal protection). The government argues that the parts of the regulations authorizing cable operators to deny access to indecent material do not trigger First or Fifth Amendment analysis because a private cable operator — not the government — would be denying access to indecent material. See, e.g., Respondents’ Brief at 16. However, even where it is the decision of a private person which ultimately triggers the abridgment of speech, or effects the challenged discrimination, the state may nevertheless be held responsible if it significantly encouraged the private actor to commit the infringement. See, e.g., Franz v. United States, 707 F.2d 582, 592 n. 38 (D.C.Cir.1983) (<HOLDING>). We hold that section 10 significantly 
 Holding statements: (A) holding governments encouragement through witness protection program of mothers decision to keep children from father constituted state action (B) holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children (C) holding evidence supported termination of mothers parental rights where among other factors mother knowingly allowed abusive and sexually deviant father to have access to children (D) holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree (E) holding fathers pleadings representing himself to be the father of the children constituted a judicial admission
Example Output:
holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children