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:
omitted)). This is a fact-intensive inquiry that requires a finder of fact to consider numerous relevant factors, including “substantially identical management, business purpose, operation, equipment, customers, supervision, and ownership.” Int’l Union of Operating Eng’rs, Local 150, AFL-CIO v. Rabine, 161 F.3d 427, 433 (7th Cir.1998). Intent to evade union obligations, though not the keystone to proving alter ego in some other circuits, is the most critical factor in the Seventh Circuit. Compare Trs. of Pension, Welfare & Vacation Fringe Benefit Funds of IBEW Local 701 v. Favia Elec. Co., 995 F.2d 785, 789 (7th Cir.1993) (quoting Centor Contractors, 831 F.2d at 1312), with Rd. Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO v. Dorn Sprinkler Co., 669 F.3d 790, 794 (6th Cir.2012) (<HOLDING>). 1. Ownership, management, operation, and 
 Holding statements: (A) holding that collective bargaining agreements cannot compel the arbitration of statutory rights (B) holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered (C) holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment (D) holding that a debtorinpossession could reject a collective bargaining agreement (E) holding terms of collective bargaining agreement only a factor in weighing reasonableness of accommodation

Ex Output:
(B)


Ex Input:
WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Ex Output:
(D)


Ex Input:
by more than Feldman was owed would result in reducing some victims’ restitution below what the court had determined to be their loss. This would be an abuse of discretion. 18 U.S.C. § 3663A (“the court shall order ... that the defendant make restitution to the victim of the offense” and “[t]he order of restitution shall require that such defendant ... pay an amount equal to ... the value of the property on the date of the ... loss (emphases added)); 18 U.S.C. § 3664(f)(1)(A) (“In each order of restitution, the court shall order restitution to each victim in the full amount of each victim’s losses as determined by the court and without consideration of the economic circumstances of the defendant” (emphasis added)); see, e.g., United States v. Guy, 335 Fed.Appx. 898, 900 (11th Cir.2009) (<HOLDING>). The Amended Judgment entered by the district 
 Holding statements: (A) holding that the court erred in failing to inform the defendant that it could impose restitution but that the error did not affect the defendants substantial rights because the court informed the defendant that it could impose a maximum fine of an amount higher than the restitution amount imposed (B) holding that the victim and witness protection act limits the amount of restitution to the loss caused by the specific conduct forming the basis of the offense of conviction (C) holding that ordering a defendant to pay an amount of restitution less than the calculated amount of loss was error even where the victim was negligent citing united states v jones 289 f3d 1260 1265 11th cir2002 (D) holding that a district court cannot order restitution in amounts that will result in the payment to the victim of an amount greater than the victims loss (E) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount

Ex Output:

(C)