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.

Q: 669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism

A: (E)
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Q: purchases of EZ Seed.” (Weir Decl., Doc. #80). This model rests on the assumption that plaintiffs received no benefit whatsoever from purchasing EZ Seed. See, e.g., Brazil v. Dole Packaged Foods, LLC, 2014 WL 2466559, at *15 (noting a full refund model is based on the assumption that consumers received no benefit from the product). This model matches plaintiffs’ first theory of liability—that EZ Seed does not grow grass, and is thus valueless. If plaintiffs prove EZ Seed suffered from a defect that rendered the product completely ineffective, plaintiffs would be entitled to all of their money back. The full compensatory damages model satisfies Comcast because it measures damages properly if EZ Seed is valueless. See, e.g., Allen v. Hyland’s Inc., 300 F.R.D. 643, 671 (C.D.Cal.2014) (<HOLDING>); Ortega v. Natural Balance, Inc., 300 F.R.D. 
 Holding statements: (A) holding that defensive theory must be submitted to jury when theory is raised by evidence from any source (B) holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case (C) holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists (D) holding full restitution theory satisfies comcast when plaintiffs theory of liability is that the products are entirely ineffective (E) holding that the plaintiffs misconceived legal theory did not preclude it from obtaining relief under another theory

A: (D)
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Q: to search effectively. Id. at 551, 99 S.Ct. 1861. [¶ 11] Since the Supreme Court’s decision in Bell, several federal courts have upheld the constitutionality of “publisher-only” rules similar to the rules at issue here. See Cotton v. Lockhart, 620 F.2d 670, 672 (8th Cir.1980) (upholding constitutionality of “publisher-only” rule applying to magazines, newspapers, and books under reasoning of Supreme Court in Bell because rule is a reasonable and constitutional response to a legitimate and substantial concern for institutional security); Ward v. Washtenaw Cty. Sheriff’s Dept., 881 F.2d 325, 330 (6th Cir.1989) (extending the Bell decision to include magazines because the rule was reasonably related to legitimate penological interests); Kines v. Day, 754 F.2d 28, 31 (1st Cir.1985) (<HOLDING>); Avery v. Powell, 806 F.Supp. 7, 11 
 Holding statements: (A) holding that a us department of labor drug testing plan did not on its face violate the fourth amendment but emphasizing that the ruling did not preclude an as applied constitutional challenge (B) holding that two or three references to everyone and they in testimony about confession did not violate bruton because testimony did not implicate the defendant expressly nor was it incriminating on its face (C) holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution (D) holding employers admitted policy discriminatory on its face (E) holding a publisheronly rule applying to hardcover softcover and newspaper publications did not violate the constitution on its face

A:
(E)
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