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: also have not obtained approval from any federal, state, or local government agency, which is a prerequisite for doing business in the heavily regulated alcohol industry. See, e.g., Adolph Coors Co. v. Bentsen, 2 F.3d 355, 356 (10th Cir.1993) (citing 27 U.S.C. §§ 201-11); Fedway Assocs., Inc. v. United States Treasury, Bureau of Alcohol, Tobacco & Firearms, 976 F.2d 1416, 1418 (D.C.Cir.1992) (citing same); Delaware Alcoholic Beverage Wholesalers, Inc. v. Ayers, 504 A.2d 1077, 1078-80 (Del.1986) (citing Del.Code Ann. tit. 4, § 101 et seq. (1984)). In the face of these multiple contingencies, the court cannot conclude that this case is ripe for decision. See Kiser v. Johnson, 404 F.Supp. 879, 886 (M.D.Pa.1975); cf. Abbott Labs. v. Zenith Labs., Inc., 934 F.Supp. 925, 938 (N.D.Ill.1995) (<HOLDING>). To paraphrase the Polaroid court, if this 
 Holding statements: (A) recognizing that although the fourth circuit has not yet addressed the issue partial discharge may be granted to the extent that it would be an undue hardship for the debtor to have to pay that portion of the loan that is to be discharged (B) recognizing that even if approval by the food and drug administration could be obtained within three months this approval had yet to be granted at the time of the courts decision and there was no guarantee that the  approval would be forthcoming on any particular date in the future (C) holding that the date of the offense was material to the defense where defendant could not have anticipated from the date specified in the indictment that the state would present evidence that the crime occurred nearly two months later (D) holding that decision of this court unless or until overturned by this court en banc the  federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims (E) holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself

A: (B)
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Q: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

A: (E)
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Q: negligence placed the plaintiff....” Brown v. Philadelphia Coll, of Osteopathic Med., 449 Pa.Super. 667, 674 A.2d 1130, 1135-36 (1996). Russell’s actions were intentional, not negligent. The impact rule, which depends upon the negligence of a defendant, is therefore inapposite to this case. 7 . Because DiSalvio’s federal cause of action survives Russell's Motion to Dismiss, the Court retains supplemental jurisdiction over DiSalvio’s remaining state law claims. 9 . Unlike the School District Defendants, Russell has not argued that this tort is unavailable to plaintiffs in the Commonwealth of Pennsylvania. 10 . The Court similarly rejects Russell’s argument that DiSalvio cannot recover punitive damages from him under her § 1983 claim. See Coleman v. Kaye, 87 F.3d 1491, 1497 (3d Cir.1996) (<HOLDING>). 11 . DiSalvio suggests that Magill should 
 Holding statements: (A) holding that punitive damages may be awarded for egregious violations of the lmrda (B) holding that punitive damages may be imposed against employer for tortious conduct of employee (C) holding that punitive damages may be awarded under  1983 when the defendants conduct is shown to be motivated by evil motive or intent or when it involves reckless or callous indifference to the federally protected rights of others (D) holding that a supervisor with no personal involvement may be liable for the constitutional violation of a subordinate for culpable action or inaction in the training supervision or control of his subordinates acquiescence in the constitutional deprivation  or reckless or callous indifference to the rights of others (E) holding that since the complaint set out a deliberate indifference claim it follows logically that reckless or callous indifference has been noticed

A:
(C)
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