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:
at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs’ suit at the time it was brought. Moreover, in PauÉuxet the Court stated that it did not agree “with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable.” Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass’n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as 
 Holding statements: (A) holding that wetlands adjacent to navigable waters are included in the term territorial waters (B) holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca (C) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (D) holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself (E) holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources
answer:
(D)


question:
Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made
answer:
(E)


question:
not domiciled or resident in the foreign country ... has never been recognized in any state in the United States, and has been universally rejected.” Related to these arguments is her contention that COL 35 is wrong. 1.Dominican Decree not entitled to pro forma recognition In COL 35, the family court found: 35. The [Dominican] Decree is recognized by the [family court] under the principle of comity. Metcalf v. Voluntary Employees’ Be 049, 1051 (1985) (stating United States courts will not generally recognize judgment of divorce granted by court of foreign nation unless, by standards of jurisdiction in which recognition is sought, at least one spouse was good-faith domiciliary in foreign nation at time decree was rendered); Mayer v. Mayer, 66 N.C.App. 522, 311 S.E.2d 659, 664 (1984) (<HOLDING>); Basiouny, 445 So.2d at 919 (holding that 
 Holding statements: (A) holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce (B) holding to the extent that the foreign decree attempts to affect title to property in north carolina it is void (C) holding that dominican court had insufficient jurisdiction to issue divorce decree to two persons domiciled in north carolina and citing to annot 13 alr3d 1419 stating that the great weight of authority in this country is that divorces granted in foreign countries to persons who are domiciliaries of the united states are not valid and enforceable (D) holding that foreign states are not persons entitled to rights under the due process clause (E) holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties
answer:

(C)