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.

adopted by this court. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003). On this record, the district court did not err when it determined that Roberts had not offered evidence that the monitor was defective. Roberts presented only circumstantial evidence that the monitor was defective. Nevada courts have never directly held that circumstantial evidence is sufficient to prove a defect, yet some Nevada cases have relied on circumstantial evidence to establish the existence of a defect. See Van Duzer v. Shoshone Coca Cola Bottling Co., 103 Nev. 383, 741 P.2d 811, 812-14 (1987) (finding that a bottle was unreasonably dangerous and defective based on supermarket customer’s testimony); Stackiewicz v. Nissan Motor Corp. in U.S.A., 100 Nev. 443, 686 P.2d 925, 928 (1984) (<HOLDING>). In this case, even if circumstantial evidence 
 Holding statements: (A) holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience (B) holding that drivers and witnesses testimony about car steering malfunction could be proof of defect without establishing the mechanical cause of the malfunction (C) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial (D) holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony (E) holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss
(B)

that, although the trial court was initially prepared to suppress based solely on the deputies’ conduct in providing Gomez’s name, the court ultimately applied the Neil factors and, finding that the identification was unreliable, ruled the state failed to establish that the witness’ recollection was independent of the suggestive identification. On these facts, the trial court could properly conclude that it was unnecessarily suggestive for the victims to be provided the defendant’s name and resulting access to his photo on the website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification. See generally Fitzpatrick v. State, 900 So.2d 495, 518 (Fla.2005)(quoting Washington v. State, 653 So.2d 362, 365 (Fla.1994)) (<HOLDING>); Johnson v. State, 566 So.2d 888, 890 (Fla. 
 Holding statements: (A) holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about (B) holding that unprovoked flight is not necessarily indicative of wrongdoing but it is certainly suggestive of such (C) holding showing of a single photo is unduly suggestive (D) holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight (E) holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive
(C)

of Rule 13.1(a) in 2002. See Tex.R.App. P. 13.1(a). However, the 2002 amendment followed substantial discussion of whether the duty should be mandatory or only upon request. See Hearing of the Supreme Court Advisory Committee, 5398-5425 (Jan. 25, 2002). The Supreme Court Advisory Committee on the Rules of Civil Procedure initially recommended that the rule be modified to make the duty operative only upon request. Id. 5398-99. However, the Supreme Court of Texas responded that it was “not inclined to change the Rule substantively.” Id. In the discussion that followed, it was pointed out that most trial court proceedings are not recorded, id. at 5403-04; section 52.046 of the Texas Government Code made the court reporter’s duty operative on Tex.App.-Houston [1st Dist.] 2000, pet. ref'd) (<HOLDING>); but see Nabelek, — S.W.3d at -, 2005 WL 
 Holding statements: (A) recognizing collateral attack on void order (B) holding annexation ordinance void (C) holding that the word void is not sufficient (D) holding rule 131a void (E) holding void judgment must be vacated

(D)