instruction:
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.
question:
are differences between sanctions under Rule 37(a) and substitution of counsel conditioned on payment of fees, the parallel considerations convince us that the Cunningham rationale applies here. Like Rule 37(a) sanctions, the present situation invokes concerns regarding finality, avoiding piecemeal appeals, and availability of effective appellate review.” Id. Cases from the First, Second, Third, and Fifth Circuits further support interpreting Cunningham as applying more broadly than to Rule 37(a) sanctions alone. The First Circuit recognized in Empresas Omajede, Inc. v. Bennazar-Zequeira, 213 F.3d 6, 9 n. 4 (1st Cir.2000), that Cunningham affirmed its precedents denying interlocutory appeals in the sanctions area. See, e.g., United States v. Kouri-Perez, 187 F.3d 1, 14 (1st Cir.1999) (<HOLDING>); Appeal of Licht & Semonoff 796 F.2d 564, 573 
 Holding statements: (A) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable (B) holding sanctions pursuant to rule 26g not immediately appealable (C) holding sanctions order pursuant to district courts inherent powers not immediately appealable (D) holding such denial to be an immediately appealable collateral final order (E) holding an order of rule 37a sanctions against an attorney is immediately appealable under  1291
answer:
holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable


question:
results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take or taking of a polygraph examination, shall not be admitted into evidence. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. Under the plain language of this rule, the military judge’s ruling was correct. By adding this Rule, the 1991 amendment to the Manual for Courts-Martial restored the armed forces to the approach followed in the 1969 Manual. Cf. United States v. Gipson, 24 M.J. 246, 253 (C.M.A.1987)(2-1 decision holding that the trial judge has the discretion to admit the results of polygraph examinations); United States v. Williams, 39 M.J. 555, 558 (A.C.M.R.1994)(<HOLDING>). The concerns behind this rule include: that 
 Holding statements: (A) holding ban violated the sherman act (B) holding that the governments use of classified evidence in detentionpendingdeportation proceedings violated detainees due process rights and inter alia justified his release (C) holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative (D) holding that the absolute ban on polygraph evidence violated due process and the right to present evidence citing inter alia chambers v mississippi 410 us 284 93 sct 1038 35 led2d 297 1973 (E) holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material
answer:
holding ban violated the sherman act


question:
the impact on the employee will depend on factors like the nature of the employer's business and the competitive risk posed by the employee. Wis. Stat. § 103.465 Applies to the NSE Provision ¶ 14. As a preliminary matter, we address Mani-towoc's insistence that its nonsolicitation provision is not subject to Wis. Stat. § 103.465. The statute itself proclaims that it applies to a "covenant. . . not to compete with his or her employer. . . during... or after" one's employment. Id. The provision also calls such covenants a "restraint." Id. Case law has made clear that § 103.465 applies to any covenant between an employer and an employee that "seeks to restrain competition" or operates as a "trade restraint." See Tatge v. Chambers & Owen, Inc., 219 Wis. 2d 99, 112, 579 N.W.2d 217 (1998) (<HOLDING>). ¶ 15. Manitowoc agrees with this basic 
 Holding statements: (A) holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act (B) holding that a nondisclosure provision is subject to  103465 (C) holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision (D) holding that where there is a conflict between statutes the more recent statute is controlling and a specific provision prevails over a general provision relating to the same subject matter (E) holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them
answer:

holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act