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.

Input: Consider Input: 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

Output: (E)


Input: Consider Input: of the offense charged but convict on the included offense. However, the mere chance that a jury may reject uncontroverted testimony and convict on the lesser charge does not require the trial court to instruct the jury on the lesser charge." People v. Ramires, 18 P.3d 822, 827 (Colo.App.2000) (internal citations omitted). 184 The offense of patronizing a prostituted child requires, as relevant here, "knowingly engaging in an act" where "a child perform[s] or offer[s] or agree[s] to perform ... any [sexual] act ... in exchange for money." § 18-7-406(1)(a), 18-7-401(6). Based on the language of the statute, actual performance of a sexual act is not necessary; a mere offer or agreement to perform is sufficient, provided money has been promised. See supra Part V.A; Madden, 111 P.3d at 460 (<HOLDING>). 185 Here, because the uncontrovert-ed 
 Holding statements: (A) holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage (B) holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition (C) holding that a party invoking a  547c1 defense must prove the specific measure of the new value given to the debtor in exchange for what was received (D) holding that patronizing a prostituted child requires some record evidence that the defendant attempted to give anything of value  in exchange for sex (E) holding that under 11 usc  547c4 a later payment in exchange for new value only deprives the defendant of the new value defense if the later payment is an otherwise unavoidable transfer

Output: (D)


Input: Consider Input: sufficiency of the amended complaint. Even if we were to conclude that Stillman’s amended complaint failed to allege veil-piercing claims, the district court acted well within its broad discretion under Fed.R.Civ.P. 15(b)(1) to conform the amended complaint to include a veil-piercing claim in response to defendants’ objection at trial. Defendants cannot plausibly claim they were prejudiced by such an amendment because they were on notice that Stillman intended to pursue a veil-piercing theory from at least July 1, 2009, when Stillman submitted his first request to charge the jury on veil piercing, and they had within their custody and control all documents and witnesses relevant to rebutting Stillman’s veil-piercing claim. See Cruz v. Coach Stores, Inc., 202 F.3d 560, 569 (2d Cir.2000) (<HOLDING>). Further, defendants implicitly consented to 
 Holding statements: (A) holding that an order dismissing a complaint without prejudice is a final appealable order only if no amendment to the complaint could cure the defects in the  case internal quotation marks omitted (B) holding that opponent claiming prejudice from rule 15b amendment must show that a partys failure to plead an issue it later presented must have disadvantaged its opponent in presenting its case internal quotation marks omitted (C) holding that to establish a violation of due process an alien must show that she was denied a full and fair opportunity to present her claims internal quotation marks omitted (D) holding that in order to warrant equitable tolling alien claiming ineffective assistance of counsel must demonstrate due diligence in pursuing the case during the period the alien seeks to toll internal quotation marks omitted (E) holding that a ruling from a prior decision of this court becomes the law of the case that cannot be challenged in a later proceeding quotation marks omitted


Output: (B)