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.

Input: Consider Input: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

Output: (E)


Input: Consider Input: and systematic,” even when the cause of action has no relation to those contacts. LSI Indus. Inc. v. Hubbell Lighting, Inc., 232 F.3d 1369, 1375 (Fed.Cir.2000) (citing Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414-16, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984)). The district court correctly found that it lacked general jurisdiction over Oppenheimer. Oppenheimer has very limited contacts with California. Oppenheimer has shipped unspecified items to the defendant Spectrum Effects, Inc. of California. However, the record gives no indication of the context and significance of these shipments for Oppenheimer’s business. Appellants failed to show that these acts amount to continuous and systematic contacts with California. See Helicopteros, 466 U.S. at 418, 104 S.Ct. 1868 (<HOLDING>). Additionally, Oppenheimer has exhibited 
 Holding statements: (A) holding that a choice of law provision is not sufficient to confer personal jurisdiction over a nonresident defendant (B) holding that purchases even if occurring at regular intervals were insufficient to establish general personal jurisdiction over a nonresident corporation (C) holding that business visits and purchases within a forum even if occurring at regular intervals are not enough to support general jurisdiction over a defendant (D) holding that court did not have personal jurisdiction over nonresident defendant because plaintiff failed to show that defendant was assignee of assignor over whom court had personal jurisdiction (E) holding no personal jurisdiction over nonresident guarantor

Output: (B)


Input: Consider Input: activities are sufficient, mere conclusory allegations of fraud are insufficient”). See also Walling v. Beverly Enters., 476 F.2d 393, 397 (9th Cir.1973) (concluding that allegations stating the time, place, and nature of allegedly fraudulent activities meet Rule 9(b)’s particularity requirement). Rule 9(b) “does not require nor make legitimate the pleading of detailed evidentiary matter,” however. All that is necessary is “identification of the circumstances constituting fraud so that the defendant can prepare an adequate answer from the allegations.” Walling, 476 F.2d at 397 (alleging in conclusory fashion that defendant’s conduct was fraudulent was not sufficient under Rule 9(b)). See also Miscellaneous Serv. Workers Local #427 v. Philco-Ford Corp., 661 F.2d 776, 782 (9th Cir.1981) (<HOLDING>). 3. Whether Plaintiffs Lack Standing Under 
 Holding statements: (A) holding that rule does not apply where defendant made false representations (B) holding that specific details about time place and substance of the fraud satisfy rule 9b (C) holding that pleading fraud with particularity in this circuit requires time place and contents of the false representations as well as the identity of the person making the misrepresentation and what that person obtained thereby  (D) holding that rule 9b requires a pleader to set forth the time place and specific content of the false representations as well as the identities of the parties to the misrepresentation (E) holding that the offense requires that the return be false as to a material matter


Output: (D)