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.

Q: 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

A: (E)
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Q: v. New York Stock Exchange, 373 U.S. 341, 357, 83 S.Ct. 1246, 1257, 10 L.Ed.2d 389 (1963). At the outset, we consider the effect of TAPAA’s introductory paragraph. Section 1653(c)(1) prescribes that, “Notwithstanding the provisions of any other law,” the owner of a vessel carrying trans-Alaska oil and the Fund “shall be strictly liable without regard to fault in accordance with the provisions of this subsection....” 43 U.S.C. § 1653(c)(1). Section 1653(c)(1) is the general statement of liability, and as such it introduces the subsequent subsections which contain TAPAA’s operational details. While some courts have found “notwithstanding” phrases to preempt explicitly the application of other laws, see, e.g., Complaint of Hokkaido Fisheries Co., Ltd., 506 F.Supp. 631, 634 (D.Alaska 1981) (<HOLDING>), we do not find the phrase dispositive in this 
 Holding statements: (A) holding that denial of permit under section 404 of the clean water act was a taking (B) holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act (C) holding that adequate notice is a mandatory precondition of a clean water act citizen suit (D) holding that the limitation act does not apply to claims brought under the clean water act (E) holding that similar notwithstanding language in the clean water act preempted application of limitation act to limit owners liability for cleanup costs

A: (E)
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Q: it from weighing the evidence objectively and rendering a fair verdict. The prosecutor’s references were brief, and, as noted, did not reveal explicitly the nature of Richard’s death. By sustaining Appellant’s objection, the trial court cut off any further suggestion regarding the cause of Richard’s death, and refocused the prosecutor’s remaining remarks on threats Appellant had made to Tanesha. Additionally, the trial court cautioned the jury that the prosecutor’s statements did not constitute evidence and that evidence of Appellant’s prior offenses should be considered only for the limited purpose of establishing that he acted pursuant to a common scheme, plan, or design. We presume the jury followed this instruction. Commonwealth v. Brown, 567 Pa. 272, 786 A.2d 961, 971 (2001) (<HOLDING>). Because Appellant has failed to demonstrate 
 Holding statements: (A) recognizing that this court presumes that juries follow district courts instructions (B) holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error (C) holding that a jury is presumed to follow a judges instructions (D) holding that a jury is presumed to follow the trial courts instructions (E) holding that the law presumes that the jury will follow the courts instructions

A:
(E)
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