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 Q]: this ease is to certify a class to determine the issue of whether Beverly systematically and chronically understaffed the Batesville nursing facility and then to decertify the class, if necessary, to determine individual restitution and damage claims as well as any defenses in separate proceedings.” Thomas, 370 Ark. at 320, 259 S.W.3d at 451 — 52. The same is true here. Determining the central questions whether understaffing creates contractual or statutory liability and whether chronic understaffing occurred are more efficiently handled in a single proceeding. Otherwise, there exists the possibility of a multiplicity of suits across the state with the potential that circuit courts may reach inconsistent results. See Summons v. Missouri Pac. R.R., 306 Ark. 116, 813 S.W.2d 240 (1991) (<HOLDING>). We also do not agree that efficiency is 
 Holding statements: (A) holding that whether or not claimant would have returned to work at all was a question of fact (B) holding it is a question of fact (C) holding that actual apportionment of damages is a question of fact (D) holding that the repeated litigation of the liability question and the possibility of inconsistent results outweighed the fact that each claimant would have different evidence regarding damages (E) holding that generally the question of waiver and estoppel is a question of fact
[EX A]: (D)

[EX Q]: was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 
[EX A]: (D)

[EX Q]: put forth anything to convince the Court that further discovery could rectify this issue. Accordingly, the Court sees no reason to deny or defer Defendant’s Motion as premature. 4. Contractual Limitations on Time to Bring Suit A. How does KRS § 304.14-370 affect contractual limitation provisions? Kentucky law has long recognized “the validity of insurance contract provisions requiring as a condition to sue that the action must be ‘commenced within the time specified by the policy.’ ” Edmondson v. Penn. Nat. Mut. Cas. Ins. Co., 781 S.W.2d 753, 756 (Ky.1989) (internal citations omitted). Courts typically enforced such provisions unless they unreasonably limited the time in which parties could sue. See Ashland Finance Co. v. Hartford Accident & Indemn. Co., 474 S.W.2d 364, 366 (Ky. 1971) (<HOLDING>). However, KRS § 304.14-370 does place 
 Holding statements: (A) holding a delay approaching one year is presumptively unreasonable (B) holding that discovery was appropriately tailored as it limited the request to information within a six year time period relating to one specific contract and the deposition of a person most knowledgeable (C) holding that section 10b and rule 10b5 suits must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation (D) holding that cogsa claims must be brought within one year from the time at which the loss occurred (E) holding that a blanket bond contract provision requiring a party to bring suit within one year after discovery of the loss was not unreasonable
[EX A]:
(E)