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.

Example Input: unpublished decisions, “[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim.” Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether “there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation” in assessing whether the district court’s abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir. 
 Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits
Example Output: (E)

Example Input: to that extent. Reed, supra, at 17, 104 S.Ct. 2901. The holding in Cage represents a degree of novelty sufficient to constitute cause. As such, Mercer has established cause to avoid otherwise procedurally defaulting on his claim challenging the reasonable doubt instruction. Sufficient prejudice to establish federal habeas jurisdiction also exists. In particular, the Supreme Court has held that the Fifth Amendment requirement of proof beyond a reasonable doubt in criminal cases is so intertwined with the Sixth Amendment right to a jury verdict that a constitutionally deficient jury instruction cannot produce a guilty verdict comporting with due process but, rather, requires reversal of a conviction. Sullivan v. Louisiana, 508 U.S. 275, 277-80, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) (<HOLDING>). It follows that a claimed Cage violation 
 Holding statements: (A) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (B) holding exclusion was harmless error (C) holding that when defendant properly objects to charge error reversal required unless error was harmless (D) holding that any error was harmless and thus not plain error (E) holding a cage violation could never be held harmless error and thus not amenable to harmless error review but rather required outright reversal
Example Output: (E)

Example Input: F.2d 1180 (3d Cir.1985), we held that ACME Scale & Supply met the ERISA definition of fiduciary as an employer-administrator of the plan at issue. Id. at 1184. We found that the employer exercised discretionary authority and control in managing the plan by notifying certain employees when they were eligible for an increase in life insurance coverage not explained in the terms of the plan. Id. at 1184-85. The employer’s failure to notify all employees generally was deemed a breach of the fiduciary duty ERISA imposes. Id. at 1185-86. See also Fischer v. Philadelphia Elec. Co., 994 F.2d 130, 133 (3d Cir.1993) (finding employer to have fiduciary status solely on the basis of its role as plan administrator under ERISA); Hozier v. Midwest Fasteners, Inc., 908 F.2d 1155, 1158 (3d Cir.1990) (<HOLDING>). ERISA makes clear that a fiduciary is one 
 Holding statements: (A) holding that when employers serve as plan administrators they assume the role of fiduciary under erisa (B) holding that unlike the social security disability program erisa does not require plan administrators to give special deference to the opinions of treating physicians and noting that there are critical differences between the two programs that nothing in erisa requires employers to establish employee benefit plans and that erisa does not mandate what kind of benefits employers must provide if they choose to have such a plan quotations omitted (C) holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under  502e of erisa over a suit brought by such a plan (D) recognizing that benefit plans must designate a fiduciary to serve as the plan administrator (E) recognizing that plan participants should be able to access information about the plan administrators fiduciary duties from the plan administrators counsel
Example Output:
(A)