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.

language, by its express terms, releases only the Club and the Designer. It does not release the Manufacturer either by name or subject matter. 3. Pre-versus-Post-injury Releases In a different line of argument, appellees argue a release mentioning general subject matter is enough to release any and all claims even marginally related to that subject matter. Appellees contend that because the clause releases liability “from injuries or damages arriving [sic] out of or connected with [Sydlik’s] attendance” it necessarily includes any and all claims resulting from an injury connected with Sydlik’s attendance at the gym — in essence all of Sydlik’s claims in this case. As support, appellees cite Memorial Medical Center of East Texas v. Keszler, 943 S.W.2d 433, 435 (Tex.1997) (per curiam) (<HOLDING>). Appellees fail to address two problems with 
 Holding statements: (A) holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release (B) holding that a general release of all claims did not operate by its terms to bar prospective antitrust claims nor could it in view of public policy (C) holding that a release covering all claims relating to keszlers relationship with the hospital was enough to release claims arising out of exposure to hazardous materi als (D) holding that a release between two parties cannot bind a thirdparty who was a stranger to the release (E) holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release
(C)

a court must construe the complaint in the light most favorable to the plaintiff, id., and “the court must assume the truth of all well-pleaded allegations.” Warren v. Dist. of Columbia, 353 F.3d 36, 39 (D.C.Cir.2004). 1. Equal protection “Unless a classification ... is drawn upon inherently suspect distinctions such as race, religion, or alienage,” statutory distinctions are presumed constitutional, and will survive a challenge if the classification is “rationally related to a legitimate state interest.” City of New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976). Although not every non-suspect legislative classification passes muster under rational basis review, see, e.g., Metro. Life Ins. Co. v. Ward, 470 U.S. 869, 882, 105 S.Ct. 1676, 84 L.Ed.2d 751 (1985) (<HOLDING>), “the judiciary may not sit as a 
 Holding statements: (A) holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts (B) holding that the tax was indirect even though the recipient could not shift the tax to others (C) holding that a preferential state tax rate for domestic businesses violated the equal protection clause because the states justifications  that the tax promoted domestic industry and encouraged investment in domestic assets  were not legitimate government interests since if they were any discriminatory tax would be valid if the state could show it reasonably was intended to benefit domestic business (D) holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety (E) holding that if federal income tax statutes are intended to benefit anyone it is the federal government to whom the withheld tax is to be remitted there is no indication anywhere in the language of the statutes that congress intended to confer rights on employees with respect to the withholding of tax
(C)

broadly enough to subsume gateway issues into an arbitral dispute, and there is evidence that both parties agreed to the covenants, then the trial court should compel arbitration and leave issues of validity and enforceability to the arbitrator.” Id. at 382 (emphasis added). Some courts have explicitly determined that the parties must first agree to arbitrate arbitrability, before any gateway issues can be considered by the arbitrator. Accordingly, unless an agreement to arbitrate first comes into existence, the parties have not agreed to submit any issues to the arbitrator, much less contract formation issues. See, e.g., Denar Restaurants, LLC v. King, No. 02-13-00142-CV, 2014 WL 2430854, at *6 (Tex.App.-Fort Worth May 30, 2014, no pet.) (mem. op., not designated for publication) (<HOLDING>); see also Vallejo v. Garda CL Southwest, Inc., 
 Holding statements: (A) recognizing that questions of arbitrability canbe delegated to the arbitrator but concluding that the parties did not agree to submit any issues to the arbitrator because the agreement never came into existence by its terms (B) holding that questions of procedure are for the arbitrator not the courts (C) holding that while the determination of the scope of an arbitration agreement is for the court the enforcement of pleading requirements before the arbitrator is a procedural matter for the arbitrator (D) holding that upon vacating an arbitration award the court has the discretion to remand to the same arbitrator or different arbitrator (E) holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator

(A)