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 Input:
with “complete and final discretionary authority to interpret the plans and maintain control over the operation and administration of the plans.” Accordingly, the Chevron Plan, via the Services Agreement and the SPD, delegates authority to Aetna regarding benefit eligibility for the Medical Plan. Moreover, in this situation, Aetna made a factual determination that certain diagnostic testing and IVIG treatments were not medically necessary. “[F]actual determinations made by [an] administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion.” Meditrust Fin. Servs. Corp. v. Sterling Chems., Inc., 168 F.3d 211, 213 (5th Cir.1999); see also Chandler v. Hartford Life, No. 05-50688, 2006 WL 1209363, at *3 (5th Cir. Apr.28, 2006) (<HOLDING>) (quoting Meditrust Fin. Servs. Corp., 168 F.3d 
 Holding statements: (A) holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion (B) holding that a denial of benefits will not be reviewed de novo where the language of an erisa plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (C) holding that arbitrary and capricious standard applies to section 1132a1b denial ofbenefits claims if the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (D) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (E) holding that  rjegardless of the administrators ultimate authority to determine benefit eligibility  factual determinations made by the administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion 

Ex Output:
(E)


Ex Input:
otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. § 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) (‘We do not ... believe § 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim.” (internal quotations omitted)) and First Nat’l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng’rs, Inc. v. Lafourche 
 Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that  1441c does not allow the remand of claims that are not separate and independent (D) recognizing that  1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand

Ex Output:
(B)


Ex Input:
Smallwood, 385 F.3d at 574. 19 . Although the parties did not fully brief this issue, we must consider it as it goes to whether the federal courts have subject matter jurisdiction over this case. See McDonal, 408 F.3d at 182-83 (if court lacks subject matter jurisdiction, case must be remanded to state court). 20 . Smallwood, 385 F.3d at 575. 21 . Id. at 574. 22 . McDonal, 408 F.3d at 184 (quoting Rainwater v. Lamar Life Ins. Co., 391 F.3d 636, 638-39 (5th Cir.2004) (per curiam)). 23 . See Rainwater, 391 F.3d at 638. 24 . Ameen concedes that she has no cause of action against the individual defendants on her retaliation claim. 25 . WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 1998). 26 . See Abbott v. Pollock, 946 S.W.2d 513, 520 (Tex.App.-Austin 1997, pet. denied) (<HOLDING>). 27 . Texas Civ. Prac. & Rem.Code § 16.002. 28 
 Holding statements: (A) holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review (B) holding that appellants failed to raise material issue of fact when they relied on their belief that appellee or his employees had spoken disparagingly about them (C) holding that plaintiff failed to show genuine issue of material fact on equitable estoppel claim (D) holding that the nonmovant failed to raise a fact issue on mitigation by not raising a fact issue as to the amount of damages that could have been avoided had the movantproperly mitigated his damages (E) holding that defendants failed to raise triable issue of material fact where they did not establish that the type size of the copy they submitted in opposition to summary judgment motion was identical to that of the original contract

Ex Output:

(B)