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.

Q: 45 U.S.C. § 56, and 46 U.S.C. § 30106, are essentially identical, stating that the action must be “commenced” or “brought” within the three year period. The Supreme Court in Burnett specifically found that the state court suit had been properly “commenced” although it was filed in an improper venue. 380 U.S. at 426, 85 S.Ct. at 1053. Furthermore, because the principle of uniformity that drove the Burnett decision applies with equal force to a general maritime action, other courts have correctly held that Burnett applies in general maritime cases. See, e.g., Prejean, 721 So.2d at 1276 (citing 1 Martin J. Norris, The Law of Maritime Personal Injuries § 5:10 (4th ed.1990)); Davis, 659 F.Supp. at 156-157; People of the Living God v. Star Towing Co., 289 F.Supp. 635, 639 (E.D.La.1968) (<HOLDING>). Defendant’s second argument for distinction 
 Holding statements: (A) holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries (B) holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions (C) holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction (D) holding that burnett and its justification of uniformity is equally applicable to admiralty actions (E) holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures

A: holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries
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Q: until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept

A: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded
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Q: Cir. 1996)). Under this “functional approach” to the application of absolute immunity, the Unit ed States Court of Appeals for the Fifth Circuit has directed courts to analyze the “nature of the function performed” by the government official. Beck v. Tex. State Bd. of Dental Examiners, 204 F.3d 629, 634 (5th Cir. 2000). “In other words, immunity attaches to particular official functions, not to particular offices.” O’Neal, 113 F.3d at 65. Absolute immunity extends to officials whose responsibilities are functionally comparable to those of judges and prosecutors. See id. at 67. The Fifth Circuit has recognized absolute immunity for officials that are members, attorneys, and directors of professional licensing boards. See, e.g., Di Ruzzo v. Tabaracci, 480 Fed.Appx. 796 (5th Cir. 2012) (<HOLDING>); Beck, 204 F.3d 629 (recognizing absolute 
 Holding statements: (A) holding that board panels may consider only independent medical evidence to support their findings resulting in va altering its longstanding practice of including members of the board with medical expertise on each panel and relying on their medical opinion in rendering board decisions (B) holding that county airport board and twenty board members in their representative capacities had sovereign immunity in suit for negligence (C) recognizing absolute immunity for board members and the director of the mississippi state board of nursing (D) recognizing absolute immunity for attorneys and board members of the texas medical board (E) holding the courts ruling precludes an extension of absolute immunity to board members decision to terminate faculty member

A:
holding that board panels may consider only independent medical evidence to support their findings resulting in va altering its longstanding practice of including members of the board with medical expertise on each panel and relying on their medical opinion in rendering board decisions
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