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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
are differences between sanctions under Rule 37(a) and substitution of counsel conditioned on payment of fees, the parallel considerations convince us that the Cunningham rationale applies here. Like Rule 37(a) sanctions, the present situation invokes concerns regarding finality, avoiding piecemeal appeals, and availability of effective appellate review.” Id. Cases from the First, Second, Third, and Fifth Circuits further support interpreting Cunningham as applying more broadly than to Rule 37(a) sanctions alone. The First Circuit recognized in Empresas Omajede, Inc. v. Bennazar-Zequeira, 213 F.3d 6, 9 n. 4 (1st Cir.2000), that Cunningham affirmed its precedents denying interlocutory appeals in the sanctions area. See, e.g., United States v. Kouri-Perez, 187 F.3d 1, 14 (1st Cir.1999) (<HOLDING>); Appeal of Licht & Semonoff 796 F.2d 564, 573 
 Holding statements: (A) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable (B) holding sanctions pursuant to rule 26g not immediately appealable (C) holding sanctions order pursuant to district courts inherent powers not immediately appealable (D) holding such denial to be an immediately appealable collateral final order (E) holding an order of rule 37a sanctions against an attorney is immediately appealable under  1291
answer:
holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable


question:
(“Due process requires that no one shall be personally bound until he has had his ‘day in court.’ ”). The 1992 statute, as applied in this case, provided State Farm no “fair opportunity” to be heard before it was called upon to divest itself of a significant property interest if it chose to preserve its long-recognized right of subrogation. Instead, the statute placed State Farm in the untenable position of being bound by law to the outcome of private settlement negotiations between the Hassens and UniSun that essentially determined its immediate liability for an award of damages, including noneconomic damages, even though it was not a party to the negotiations and had no available means to assert any legal defenses to the Hassens’ claim. Cf. Freidus v. Freidus, 89 So.2d 604 (Fla.1956) (<HOLDING>). The fact that the statute entitled State Farm 
 Holding statements: (A) holding that it is not (B) holding that foreign states are not persons entitled to rights under the due process clause (C) holding that it may not (D) holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it (E) holding that a corporation is entitled to due process of law insofar as property rights are concerned so that a money judgment may not be entered against it where it was not a party to a cause and was not served with process even though the principal stockholder was a party to the cause
answer:
holding that it is not


question:
us to “refrain from adjudicating these issues at this time because the record on appeal is incomplete,” and because the appropriate tool for raising these claims is a 28 U.S.C. § 2255 habeas corpus petition. However, the government contends that if we do address DeCecco’s ineffective-assistance claims, we should reject them because the representation provided by defense counsel was not substandard and did not prejudice DeCecco. Because the present record is sufficient for us to conclude that DeCecco’s defense counsel did not provide ineffective assistance, we find it efficient to address his claims now. None of the instances of allegedly ineffective assistance to which DeCecco points caused him prejudice. See Strickland v. Washington, 466 U.S. 668, 693, 104 S.Ct. 2052, 80 L.Ed.2d 674 (<HOLDING>). The district court clearly decided to deny 
 Holding statements: (A) holding that noneonstitutional errors in civil suits are harmless only if it is highly probable that the errors did not affect the outcome of the case (B) holding that even if a defendant shows that particular errors of counsel were unreasonable he must show that they actually had an adverse effect on the defense and not merely that the errors had some conceivable effect on the outcome of the proceeding (C) holding that the combined effect of trial counsels errors should be considered (D) holding that a habeas petitioner must show that counsels errors  actually prejudiced him (E) holding counsel cannot be ineffective based on errors that the appellate court determined on direct appeal were not errors plain or otherwise
answer:

holding that noneonstitutional errors in civil suits are harmless only if it is highly probable that the errors did not affect the outcome of the case