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: the reasons for the plaintiffs failure to obtain the action or for not making the effort. Addressing the identical federal rule, the Supreme Court has stated that “[o]n its face, Rule 23.1 speaks only to the adequacy of the shareholder representatives pleadings.” Kamen, supra, 500 U.S. at 96, 111 S.Ct. 1711. The rule itself does not create a demand requirement. Id. “[T]he function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly is a matter of ‘substance, not procedure.’ ” Id. at 96-97, 111 S.Ct. 1711 (quoting Daily Income Fund, supra, 464 U.S. at 543-44 & n. 2, 104 S.Ct. 831 (1984) (Stevens, J., concurring in judgment) (other citations omitted)); see also Bazata, supra, 400 A.2d at 316 (<HOLDING>). Thus, the demand requirement or its futility 
 Holding statements: (A) holding that an antitrust injury is a necessary element of a  2 claim (B) holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim (C) holding that reasonable reliance is not an element of the defense (D) holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served (E) holding the connection is an element

A: (B)
****
Q: remedy which is neither inadequate nor ineffective to test the legality of a person’s detention.” Swain v. Pressley, 430 U.S. 372, 381, 97 S.Ct. 1224, 51 L.Ed.2d 411 (1977); see also St 06 (11th Cir.2006) (per curiam) (same). Whether RIDA created an adequate substitute for habeas corpus for those aliens to whom a petition for review is available, however, is different from whether RIDA created any adequate substitute for those aliens for whom it is no longer available. Unlike in previous cases where we have upheld RIDA against Suspension Clause challenges, Singh never had the ability to obtain judicial review of the merits of his removal through a petition for review filed within 30 days of his removal order. Cf. Puri, 464 F.3d at 1043; Iasu v. Smith, 511 F.3d 881, 888 (9th Cir.2007) (<HOLDING>). By the time RIDA created jurisdiction in this 
 Holding statements: (A) holding that federal habeas corpus relief does not lie for errors of state law (B) holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus (C) holding that  109g2 does not apply when the creditor seeking relief in the first case received the requested relief (D) holding that a rule 60b motion that presents grounds entitling a petitioner to habeas corpus relief or seeks to add a new ground for relief requires authorization (E) holding that ridas elimination of habeas corpus does not violate the suspension clause where the petitioner had a means for seeking relief direct review  and simply failed to pursue the relief that the statutory scheme allows

A: (E)
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Q: y. Reliance Standard Life Ins. Co., 524 F.3d 1241, 1247 (11th Cir. 2008). iy. discussion Before we can examine the merits of this appeal, we first must grapple with these antecedent questions: (1) what is the appropriate standard of review; (2) what record evidence should the district court properly have taken into account in rendering its decision; arid (3) who had the burden of proof. We address each in turn. A.The District Court Utilized the Correct Standard The parties do not dispute that the Plan and Policy confer discretion on John Hancock in adjudicating claims. Further, the Policy issued by John Hancock provides that the claimant for benefits must submit “Proof of Claim satisfactory to Us.” See Tippitt v. Reliance Standard Life Ins. Co., 457 F.3d 1227, 1233-34 (11th Cir. 2006) (<HOLDING>). Contrary to Carr’s argument on appeal, the 
 Holding statements: (A) holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator (B) holding that similar language conferred discretion on the plan administrator (C) holding that because the spd at issue stated that it is made part of the group policy its terms were sufficient to find that the plan conferred discretion on the plan administrator (D) holding that language determined on the basis of medical evidence satisfactory to the committee sufficiently granted plan administrator discretion (E) holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review

A:
(B)
****