instruction:
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.
question:
any physician that described her as obese, much less gave an opinion that her weight imposed additional limitations upon her or exacerbated her other conditions. Therefore, even if Reynolds’ silence on the issue of obesity is not deemed to waive consideration of that issue, it does not appear that evidence existed regarding her obesity that the ALJ should have considered. The ALJ also did not err in assessing Reynolds’ credibility. An ALJ is in the best position to observe witnesses’ de meanor and to make an appropriate evaluation as to their credibility. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 531 (6th Cir.1997). Therefore, an ALJ’s credibility assessment will not be disturbed “absent compelling reason.” Smith v. Halter, 307 F.3d 377, 379 (6th Cir.2001); Walters, 127 F.3d at 531 (<HOLDING>). In making a credibility determination, Social 
 Holding statements: (A) holding that agency interpretation which is reasonable is entitled to deference (B) holding that the courts conclusion that transfer was appropriate is to be accorded great deference (C) holding that the district courts credibility assessments are entitled to deference and reviewed for clear error (D) recognizing aljs credibility assessment is entitled to great weight and deference (E) holding that an unambiguous plea agreement is entitled to great evidentiary weight
answer:
(D)


question:
1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of 
 Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony
answer:
(C)


question:
(emphasis added) (citing Jansen v. Hilo Packing Co., 202 Misc. 900, 118 N.Y.S.2d 162 (S.Ct.1952)); (“Where defendant inserted a picture of a motion picture actress using a certain camera, with an inscription beneath it giving her name, in a manual for the use of such camera, she was permitted a recovery.”) (emphasis added) (citing Selsman v. Universal Photo Books, Inc., 18 A.D.2d 151, 238 N.Y.S.2d 686 (App.Div.1963)). To the extent that Palmer involved the unauthorized use of professional golfers’ names and playing records in the defendant’s board games, the court acknowledges that Palmer has certain factual similarities to the matter under consideration, but with the critical exception that the defendant in Palmer used golfers’ pictures; ther s’ Ass’n, 95 F.3d 959, 968 (10th Cir.1996) (<HOLDING>) ; Toney v. L’Oreal USA 406 F.3d 905, 910 (7th 
 Holding statements: (A) holding that trading drugs for a firearm constituted use under  924c1a (B) holding that the right of publicity is descendible (C) holding that the defendants use of players likenesses in parody trading cards violated the right of publicity (D) holding that the defendants use of a models likeness in connection with the packaging and promotion of its hair care product violated the right of publicity (E) holding that a change of venue was not warranted due to publicity surrounding an unrelated murder with common features because the defendant failed to establish any specific prejudice against him as a result of the publicity
answer:

(C)