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.

Q: may give such retroactive effect to these legal clarifications because “where ... a court is addressing transactions that occurred at a time when there was no clear agency guidance, it would be absurd to ignore the agency’s current authoritative pronouncement of what the statute means.” Id. Therefore, unless the new regulation “replaces a prior agency determination,” this Court may find that the amendment merely provides an explanation for what the law always has been. Id. In order to determine if the amendments to Regulation E marked a change in the rules or served as an interpretation of existing law, this Court will first look to the stated intent of the Board in proffering the amendments. See First Nat. Bank of Chicago v. Standard Bank & Trust, 172 F.3d 472, 478 (7th Cir.1999) (<HOLDING>). If an agency plainly states that it is merely 
 Holding statements: (A) holding that the drastic sanction of preclusion of expert witnesses was not warranted based on failure to furnish discovery by the discovery deadline when the deadline could have been shifted (B) holding that a bankruptcy rule equivalent to rule 6a ala r civ p should be construed to give the benefit of extending the deadline for submission to the day after the holiday regardless of whether the deadline is expressed as the last day of a period of days or as a date certain (C) holding regulatory amendment extending a banks deadline for returning checks could be given retroactive effect (D) holding that where a legislative amendment changed the exemption provisions of a tax statute defining those eligible for certain exemptions and refunds the amendment could only be applied to tax years after its effective date even where the legislature expressly stated the amendment should have retroactive effect and looked to the law in place during the taxable events to determine if the taxpayer was eligible for a refund (E) holding random traffic stops for license and registration checks are contrary to fourth amendment

A: (C)
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Q: charge for each item or items. The Trial Court, however, refused to admit the last page of the bill that contained only a description of miscellaneous and a corresponding charge. Plaintiff had no testimony or other evidence to explain to the jury anything about the charge listed on the last page of the bill. The Trial Court stated such a description would force the jury to speculate regarding what supplies were encompassed within the charge for these miscellaneous items. A jury may not engage in speculation. Stringer v. Cooper, 486 S.W.2d 751, 756 (Tenn.Ct.App.1972) (stating “we understand the holding in those cases and many more like them to be that a jury may not speculate as to cause when one is not shown.... ”); Moon v. Johnston, 47 Tenn.App. 208, 337 S.W.2d 464, 469 (1959) (<HOLDING>). Without any testimony or other evidence to 
 Holding statements: (A) holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide (B) holding a jury is not permitted to speculate or guess as to proximate cause (C) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (D) holding proximate cause almost always a question solely for the jury (E) holding that negligence must be the proximate cause of injury

A: (B)
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Q: Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 517 N.E.2d 502 (1988), a Massachusetts state court stopped short of adopting the federal district court’s holding but ruled that “the covenant to pay rent [in a commercial setting] is not necessarily independent.” Id. 517 N.E.2d at 505. It concluded that "there is' great doubt whether ... [the doctrine that covenants are independent] remains a correct statement of Massachusetts law,” because leases are for more than just the land. Id. 4 . The Teodori court concluded that the doctrine of independent covenants rests on outdated property principles rather than on contract principles, which better capture the relationship of parties in many modem leases. Id. (relying upon McDanel v. Mack Realty Co., 315 Pa. 174, 172 A. 97, 98 (1934) (<HOLDING>)). 5 . It should be noted that Kimball was the 
 Holding statements: (A) holding that after jury findings of dual breach unchallenged finding that defendants breach was not excused based on prior material breach of plaintiff constituted implicit finding that there was no material breach by plaintiff (B) holding party in breach could not maintain suit for breach of contract (C) holding that a commercial lessee could retain possession and abate rent in response to a landlords material breach of covenant (D) holding that in the employment context cause of action seeking tort remedies for breach of implied covenant is not permitted recovery for breach of this covenant is limited to contract remedies (E) holding breach of contract claim not preempted as a straightforward breach of contract action as it alleged violation of specific covenant

A:
(C)
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