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:
669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism

Ex Output:
(E)


Ex Input:
arbitrators, Eventys argues, the circuit court could have assured that both parties would have an opportunity to make their arguments to that forum. Alternatively, Eventys maintains, the circuit court should have considered and expressly ruled upon Eventys’s arguments that the provision purporting to waive class action claims was unconscionable and unenforceable. Eventys further argues that, because the “terms and conditions” did not include a severability provision, the circuit court’s necessary determination that FDUTPA’s remedial purposes are frustrated by the class action waiver provision would then invalidate the entire arbitration provision. For this argument, Eventys relies principally on the analysis in S.D.S. Autos, Inc. v. Chrzanowski, 976 So.2d 600, 611 (Fla. 1st DCA 2007) (<HOLDING>), and a group of federal cases holding that the 
 Holding statements: (A) holding that contractual provisions in an arbitration agreement purporting to prohibit consumers from prosecuting class actions for small sums of money per consumer but for a substantial number of consumers are irreconcilably at odds with the remedial purposes of fdutpa contrary to the public policy of this state and unenforceable for that reason (B) holding that when an arbitration clause has provisions that defeat the remedial purpose of the statute  the arbitration clause is not enforceable and that the language insulating an employer from damages and equitable relief renders the clause unenforceable (C) holding that arbitration provisions that preclude class actions are not unconscionable (D) holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth (E) holding that the restrictive covenants at issue are unenforceable as a matter of public policy

Ex Output:
(A)


Ex Input:
a handful of presentations, seminars and lectures. This sort of minimal activity is insufficient to satisfy the “use” element of the test. See Momentum Luggage & Leisure Bags v. Jansport, Inc., No. 00 Civ. 7909(DLC), 2001 WL 830667, at *7 (S.D.N.Y. July 23, 2001), aff'd, 45 Fed.Appx. 42 (2d Cir.2002). In Momentum, the court examined the plaintiffs advertising, promotion, and sales and found that the plaintiff in that case never made deliberate and continuous use of its mark despite the plaintiff having exhibited products at an industry trade show, advertised in a magazine, generated approximately $3,000 in sales over two years, and having been mentioned in two trade show journals. Id. at *6; see, e.g., Natural Footwear Ltd. v. Hart, Schaffner & Marx, 760 F.2d 1383, 1400 (3d Cir.1985) (<HOLDING>) (cited in Momentum, 2001 WL 830667, at *7); 
 Holding statements: (A) holding we reject the appellants contention that a majority may be less than 50 of the citizen votingage population (B) holding that demands for benefits not less than 10 million dollars contributions greater than 50 million dollars and less than 100 million dollars and attorneys fees not less than 150000000 were ambiguous and did not satisfy the sum certain requirement (C) holding that when no statutory exception applies  the district court lacks the authority to impose a sentence less than the statutory mandatory minimum (D) holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies (E) holding that gross sales of less than 5000 to fewer than 50 customers were below the minimum threshold for market penetration

Ex Output:

(E)