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.

Ex Input:
where he admitted that other Dunkin’ Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants’ only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: “Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit.” However, defendants’ claim of a “mistake of fact” is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants’ were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) ¶ 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise 
 Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law

Ex Output:
holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure


Ex Input:
amount and terms of the deductions ...” In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees as the court may allow. § 41-10-80(C). The South Carolina Supreme Court has interpreted this treble damages provision to mean that the decision to award the penalty of treble damages is discretionary, and the penalty should not be imposed “if there is a good faith dispute over wages allegedly due.” Rice, 456 S.E.2d at 383. Fruehauf asks us to extend the requirement that there be a bona fide, good faith wage dispute to require that Wall show that Fruehauf willf 335 S.C. 598, 518 S.E.2d 591 (1999) (<HOLDING>); O’Neal v. Intermedical Hospital of South 
 Holding statements: (A) recognizing that an attorney has a duty of loyalty to his client (B) holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer (C) holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm (D) holding that an employee who breaches the duty of loyalty to his employer forfeits his right to compensation and creates a good faith dispute over the payment of his wages by virtue of his bad behavior (E) holding that when an employee is injured by his employers tortious conduct his employer owes him damages and compensation under the act

Ex Output:
recognizing that an attorney has a duty of loyalty to his client


Ex Input:
before his heart attack and had been “asymptomatic” up until the day after his training. Dr. Sander viewed Bill’s physical activity during fire training as significantly higher than his usual physical activity during work. He testified there was a continuity of symptoms from the time that Bill left the fire training school until he had his heart attack and that he did not see any significance in the period of time from when he left the training to when he had his heart attack. Essentially, New Hampshire Insurance is asking us to presume that its expert’s theory is reliable in order to determine that Peggy Allison’s expert’s theory is unreliable. Conflicting theories between experts, however, do not automatically render one unreliable. See Thota v. Young, 366 S.W.3d 678, 695 (Tex.2012) (<HOLDING>). The trial court could rely on Dr. Sander’s 
 Holding statements: (A) recognizing the conflict (B) holding conflict between experts theories is matter to be resolved by jury (C) recognizing conflict between circuits (D) recognizing possible conflict between the cases (E) recognizing conflict

Ex Output:

recognizing the conflict