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.

Input: Consider Input: allege no physical harm resulting from Wells Fargo’s voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) (“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.” (quoting Restatement (Second) of Torts § 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we 
 Holding statements: (A) holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm (B) holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself (C) holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort

Output: holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself


Input: Consider Input: to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors,” those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields’s Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106 
 Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

Output: holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment


Input: Consider Input: involvement, and the participants laid low after the murders. Vernace makes too much of the similarities between his case and Bruno. For one, where it was understandable in Bruno that the defendant would violently retaliate for personal reasons against two individuals — who sought to collect tens of thousands of dollars of loansharking debts from him and who he suspected had robbed him in the past — the personal angle here is far weaker and not one the jury was obliged to credit. Further, even if the dispute at the Shamrock Bar was initially personal, it grew to be t sanctioned by the Gambino crime family, the family sought to discipline Riccardi, and Vernace went into hiding did not preclude a finding that the murders were related to the family’s activities. See Bruno, 383 F.3d at 84 (<HOLDING>). After all, Vernace was not punished for 
 Holding statements: (A) holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy (B) holding that conspiracies can serve as predicate acts for a rico conspiracy (C) holding that predicate acts need not be in furtherance of the enterprise (D) holding that telephone conversations and meetings were overt acts in furtherance of a drug conspiracy (E) holdingthat in determining base offense level in a rico case district court should not limit its relevant conduct to predicate acts charged against the defendant but instead should consider all conduct reasonably foreseeable to the defendant in furtherance of the rico enterprise


Output: holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy