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.

[EX Q]: abuse of a minor, the trial court may apply the statutory presumption that Junior and Saul are at substantial risk of being sexually abused. And if the trial court again finds that Rowan sexually abused Agnes, it can conclude that Junior and Saul are at substantial risk of being sexually abused. v. CONCLUSION We REMAND this case to the trial court for proceedings consistent with this opinion. Jurisdiction is RETAINED. 1 . We use pseudonyms to protect the privacy of the parties. 2 . The record does not show that Rowan attempted to obtain the information any other way, such as by scheduling a deposition, before making his motion. 3 . AS 40.25.100-295. AST relied on AS 40.25.120(a)(2), records pertaining to juveniles, and (a)(6), law enforcement records. 4 . 533 P.2d 13, 16 (Alaska 1975) (<HOLDING>). 5 . Rhodes v. Erion, 189 P.3d 1051, 1053 
 Holding statements: (A) holding prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk (B) holding that mere knowledge of a defect is not sufficient to amount to an eighth amendment claim defendant must also draw the inference that a substantial risk of serious harm exists (C) holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse  and such a mens rea demonstrate the offense was one relating to sexual abuse (D) holding that fathers sexual abuse of daughter demonstrated serious disregard of parental responsibilities and lack of social and moral values that posed substantial risk of harm to sons (E) holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative
[EX A]: (D)

[EX Q]: would, in general, slow down the dispute resolution process.” Id. at 946, 115 S.Ct. 1920. Moreover, it was rejected as “legally erroneous,” for the “basic objective in this area is not to resolve disputes in the quickest manner possible, no matter what the parties’ wishes, but to ensure that commercial arbitration agreements, like other contracts, are enforced according to their terms and according to the intentions of the parties.” Id. at 946, 115 S.Ct. 1920. C. In This Case, The Question Of Arbitrability Is For The Court The second question is whether the power to determine arbitrability resides with the court or the AAA Panel. The answer turns upon what the parties agreed to about that question in the Merger Agreement. First Option 543, 546-547, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964)(<HOLDING>). Similarly, a disagreement about whether an 
 Holding statements: (A) holding that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation (B) holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement (C) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (D) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (E) holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide
[EX A]: (A)

[EX Q]: process of rendering medical treatment.”, D.A.B., 570 N.W.2d at 172. Mrs. Shea’s claim stems from “the process of rendering medical treatment,” id., and therefore, it would not affect the structure, administration or economics of the ERISA plan. The district court concluded that the negligent misrepresentation claim.of count III was preempted • for the same reason that Mrs. Shea’s claim against Medica, a plan fiduciary, was preempted in Shea I. We respectfully disagree with this analysis. Our opinion in Shea I mandates that ERISA fiduciaries must disclose financial incentives that discourage a treating physician from providing referrals. 107 F.3d at 628-29. The physicians being sued in this case, however, are not ERISA fiduciaries. Cf. Hull v. Fallon, 188 F.3d 939, 943(8th Cir.1999) (<HOLDING>), cert. denied, — U.S. -, 120 S.Ct. 1242, 146 
 Holding statements: (A) recognizing physician assistant as agent of the supervising physician (B) holding state law malpractice claim against a physician was preempted where the physician acting as the plan administrator denied a thallium stress test as a plan benefit (C) holding that an employees claim against plan administrator for denied benefits is preempted (D) holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary (E) holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa
[EX A]:
(B)