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.
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Question: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants’ Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke’s Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff’d 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b), 
 Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court  properly dismissed plaintiffs  fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

Answer: holding that when a term is defined in the statute it need not be further alleged in the indictment


Question: of the [Marion County] small claims court shall be taken to the superior court of the county and tried de novo." Retaining the identical language, the Legislature re-codified the statute in 2004 as Indiana Code section 33-34-3-15(a). 2 . Atlantic Coast sought interlocutory review of the trial court's order, which the Court of Appeals accepted. The Court of Appeals addressed this claim in the instant appeal. 3 . Atlantic Coast does not challenge the Court of Appeals' determination regarding the discovery order, and the Cooks do not challenge the determination that they waived appellate review of the trial court's grant of summary judgment in favor of Delta Airlines on the Cooks' negligence claim. 4 . Compare, for example, Abdullah v. Am. Airlines, Inc., 181 F.3d 363 (3rd Cir.1999) (<HOLDING>), and O'Carroll v. Am. Airlines, Inc., 863 F.2d 
 Holding statements: (A) holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation (B) holding that general maritime law preempts state law (C) holding that the flsa preempts certain state law claims (D) holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans (E) holding that federal law establishes the applicable standards of care in the field of aviation safety generally and thus preempts the entire field from state regulation

Answer: holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation


Question: § 1983. The Court explained in McMillian, however, that whether a sheriff is a state or county policymaker depends on the local government laws of the particular state. See id. at 1741-42. In contrast to the Alabama Constitution, the Pennsylvania Constitution explicitly states that sheriffs are county officers. See Pa. Const. Art. IX, § 4 (“County officers shall consist of ... sheriffs”). Furthermore, in his deposition, Sheriff Erling testified that he was elected in municipal elections, see Erling Dep. at 6, and is paid by Chester County. See id. The Sheriffs budget comes from Chester County. See id. at 8-9. Accordingly, we reject defendants’ contention that Sheriff Erling is a state policymaker. See Morgan v. Rossi, Civ. No. 96-1536, 1998 WL 175604 at * 12 (E.D.Pa. Apr.15, 1998) (<HOLDING>); see also Reid v. Hamby, Civ. No. 95-7142, 
 Holding statements: (A) holding that the lehigh county sheriff is a county officer rather than a state officer (B) holding county liable along with sheriff thomas for an attorneys fee award even though the county was not named in the suit and was denied an opportunity to intervene because sheriff thomass actions under article 6869 represented county policy (C) holding that the sheriff when investigating crimes acts as a county officer (D) holding that suit against county sheriff in his official capacity was suit against county (E) recognizing county officers as  those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions 

Answer:
holding county liable along with sheriff thomas for an attorneys fee award even though the county was not named in the suit and was denied an opportunity to intervene because sheriff thomass actions under article 6869 represented county policy