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.
--------
Question: process.” Final Rule Establishing an Administrative Appeal Process for the Regulatory Program of the Corps of Engineers, 65 Fed. Reg. at 16488. Additionally, the preamble notes that, because physical circum stances can change over time, "JDs are not necessarily 'final' even as an administrative matter.” Id. Based on the foregoing, it seems rather doubtful that the Corps’ decision to certify Dr. Booth’s delineation constituted a final determination entitled to preclusive effect. See Zurcher v. Bilton, 379 S.C. 132, 135, 666 S.E.2d 224, 226 (2008) (issue preclusion applies when an issue has been "actually litigated and determined by a valid and final judgment”) (emphasis added). 10 . See Chasm Hydro, Inc. v. N.Y. State Dep't of Envtl. Conservation, 58 A.D.3d 1100, 872 N.Y.S.2d 235 (2009) (<HOLDING>). 11 . See Ouellette, 479 U.S. 481, 107 S.Ct. 
 Holding statements: (A) holding local regulation of hazardous waste disposal facilities preempted by comprehensive and detailed state regulatory scheme (B) holding that federal power act and cwa largely preempted the field of regulating hydroelectric facilities (C) holding pennsylvania statute regulating subrogation is a law regulating insurance (D) holding that subsequent congressional statute regulating registration of aliens retroactively preempted state law (E) holding that the plaintiffs state law claims are preempted by federal law

Answer: (B)


Question: that Turner exhibited symptoms of ADHD prior to the age of seven, a requirement for diagnosis of this condition, and none of the data reviewed by Dr. Danziger suggested an onset prior to age seven either. Had trial counsel presented Dr. Eisenstein as an expert during the penalty phase, the State would have undermined his opinions in the same manner as occurred during the evidentiary he ) (rejecting Caldwell challenge to the standard jury instructions on the mer jecting challenge to constitutionality of execution methods as meritless); Darling v. State, 45 So.3d 444, 447-48 (Fla.2010) (rejecting challenge to constitutionality of section 945.10, Florida Statutes (2007), which exempts from public records the identity of an executioner); Israel v. State, 985 So.2d 510, 521 (Fla.2008) (<HOLDING>). Cumulative Error Finally, where the 
 Holding statements: (A) holding that the right to counsel in probation revocation proceedings is not absolute where the defendant has been convicted of or has admitted to committing a crime (B) holding if there has been no termination of employment there has been no layoff or reduction in force (C) holding that a claim that the defendant may be insane at the time of execution is premature where no death warrant has been signed and the defendant has not been found to be incompetent (D) recognizing that it has long been the rule that a mechanics lien claim may be waived (E) holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced

Answer: (C)


Question: from making any payments to Medicare providers unless and until they have furnished such information as the Secretary may require, Columbia’s receipt of Medicare payments for each year after 1994 was the result of its false certifications of compliance because otherwise it would not have been permitted to participate or receive payments for each subsequent year and the government would not have paid to Columbia the money that is the basis of this suit. Equifax, 557 F.2d at 461 (identifying as a false claim a material misrepresentation knowingly made in order to qualify for a government contract, privilege, or service). Courts have found FCA violations based on comparable misrepresentations. United States v. Oakwood Downriver Medical Center, 687 F.Supp. 302, 303-04 (E.D.Mich.1988) (<HOLDING>); Hopper, 91 F.3d at 1266 (false certification 
 Holding statements: (A) holding that prior adjudication barred a claim that arose out of the same transactions and that could have been raised in prior suit (B) holding relator stated fca claim where defendants submitted annual cost reports that included a certification of compliance (C) holding that an fca claim arose out of defendants failure to disclose in its form 2552 cost reports the existence of prohibited transactions with related health care organizations (D) holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided (E) holding that the disclosure of billing invoices and cost reports were neither allegations of fraud nor fraudulent transactions

Answer:
(C)