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.

Example Input: interest” at issue here because “[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals.” Freedmen’s Opp’n to Crittenden’s Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation’s claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity” and finds that the Nation’s interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal 
 Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity
Example Output: (E)

Example Input: 285 S.W.3d 884, 890 (Tex.Crim.App.2009) (quotation omitted). B. Crush Analysis Testimony Yergin was apparently planning to testify about estimated speeds of the F-250 and the Hyundai based on the amount of “crush” to the Hyundai. Although Yer-gin testified in front of the jury that there was probably a difference in speed between the two vehicles of 10 to 20 miles per hour, she never stated at any time what speeds she estimated the vehicles to be traveling. Nor did appellant’s counsel explain to the court what speeds Yergin concluded the vehicles were traveling. This information would be crucial to understanding what testimony was excluded and whether the exclusion was harmful. See id. A general statement that she would testify about the vehicles’ speeds is insufficient. See id. at 891 (<HOLDING>). Further, appellant’s trial counsel explained 
 Holding statements: (A) holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed (B) holding defendant was not required to make a reasonable accommodation for an employee because the employee did not apprise defendant that she suffered from a mental impairment (C) holding that counsels performance was deficient for failing to investigate readily available evidence of mental impairment (D) holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold (E) holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer  there must be some meat of the actual evidence
Example Output: (E)

Example Input: no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State. 17 U.S.C. § 301(a) (emphasis added). The exclusive rights in the copyrighted work granted by the Act are reproduction; preparation of derivative works; distribution by sale, rental, lease or lending; public performance, in the case of motion pictures or audiovisual works; and public display of individual images from motion pictures or audiovisual works. 17 U.S.C. § 106. State laws, whether statutory or common law, are subject to express preemption under Copyright Act § 301 only if they create rights that are “equivalent” to the exclusive rights within the general scope of copyright. See 17 U.S.C. § 301(a); see also Ehat v. Tanner, 780 F.2d 876, 878 (10th Cir.1985) (<HOLDING>); 1 Melville B. Nimmer and David Nimmer, Nimmer 
 Holding statements: (A) recognizing that the copyright act was amended in 1976 to include computer programs in the definition of protectable literary works (B) holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement (C) holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply (D) holding that because literary works including compilations and derivative works are within the subject matter of copyright state common law that purported to protect a work for which plaintiffs copyright action was unsuccessful was preempted (E) holding that the copyright act distinguishes between employees and independent contractors for copyright possession
Example Output:
(D)