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.

Input: Consider Input: S.E.2d at 629 (emphasis added). Similarly, in Sparks v. Peacock, plaintiff husband filed an action in superior court seeking contributions for payments on promissory notes executed by both he and his wife. Unlike the Garrison litigants, however, the parties in Sparks had not brought an action for equitable distribution in district court. Based on the wife’s motion, the superior court dismissed the action for lack of subject matter jurisdiction. On appeal, this Court acknowledged the jurisdictional nature of section 7A-244, stating that if the parties had indeed brought an equitable distribution action and such action was pending pursuant to section 7A-244, the superior court would not have jurisdiction over the propriety of payments on the promissory note. Id. at 641, 500 S.E.2d at 118 (<HOLDING>); see also Ward v. Ward, 116 N.C. App. 643, 
 Holding statements: (A) recognizing that defendant correctly stated that the district court has jurisdiction over equitable distribution actions and citing section 7a244 (B) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (C) holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher (D) holding that court of claims has jurisdiction over actions for breach of standard contract (E) recognizing the difference between jurisdiction over an action and jurisdiction over an issue and holding that although section 2074207 vests the family court with exclusive jurisdiction over actions to determine paternity under section 621302a1 the probate court has jurisdiction to resolve the issue of paternity when the issue is essential to the probate courts determination of heirs

Output: (A)


Input: Consider Input: 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

Output: (E)


Input: Consider Input: from the class if the member so requests”). 36. Plaintiffs observe that after receiving-class notice in the ordinary case, a would-be class member cannot refuse to opt out and later object to class certification. Plaintiffs argue that through declining to opt out, the class member has in essence consented to the propriety of class certification. Courts have held, for example, that a decision not to opt out of a class should foreclose attacks on whether the class has adequate representation. See, e.g., Shore v. Parklane Hosiery Co., Inc., 606 F.2d 354, 357-58 (2d Cir.1979) (observing that right to opt-out of the proposed settlement protects class members’ interests from alleged inadequate representation); see also Torrisi v. Tucson Elec. Power Co., 8 F.3d 1370, 1378 (9th Cir.1993) (<HOLDING>), cert. denied, 512 U.S. 1220, 114 S.Ct. 2707, 
 Holding statements: (A) holding that conflicts of constitutional magnitude can arise from cases of successive representation (B) holding that the failure to optout precluded challenge to adequate representation based upon purported conflicts of interest between subclasses (C) holding that there is a qualified first amendment right of access to proceedings and documents relating to disqualification of a judge in a criminal case and to conflicts of interest between attorneys in a criminal case (D) holding that pslra barred rico claims based on pension fund scheme involving failure to disclose conflicts of interest and commission arrangements (E) holding where challenge was waived that appellate review is precluded


Output: (B)