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.

Example Input: subpoena does not fit within the statutory language. The question surrounding the subpoena’s validity in no way relates to any information that Star Bank would be required to disclose under FCRA, even assuming that FCRA’s requirements apply to Star Bank. {See 15 U.S.C. § 1681a(f) for the definition of a “consumer reporting agency.”) The Hahns’ claimed reliance on whatever Bonynge said regarding the subpoena therefore provides them with no basis to toll the two year statute of limitations. Accordingly, the Hahns have failed to demonstrate that the wilful misrepresentation tolling exception applies to their case. We therefore hold that all of their claims raised under FCRA are barred by the statute of limitations. See Rylewicz v. Beaton Servs., Ltd., 888 F.2d 1175, 1181 (7th Cir.1989) (<HOLDING>). We find no inequity in reaching this result. 
 Holding statements: (A) holding that the uccs fouryear statute of limitations provision which barred an action by the plaintiff did not bar a thirdparty contribution and indemnity claim (B) holding that equitable tolling is available to avoid time limitations in the statutory provisions governing veterans benefits (C) holding that parents were not entitled to use infancy tolling provisions and that the statute of limitations barred their claims (D) holding that an ohio tolling statute violated the commerce clause because it gave nonresident corporations the choice between being subject to general jurisdiction in the state by appointing an instate agent for service of process or being subject to a tolling of the statute of limitations on claims against them (E) holding that a plaintiff must fit within the precise wording of the tolling exception to avoid being barred by fcras statute of limitations provision
Example Output: holding that the uccs fouryear statute of limitations provision which barred an action by the plaintiff did not bar a thirdparty contribution and indemnity claim

Example Input: are reversed with instructions that he be re-sentenced under a correctly calculated score sheet. Cooper also asserts the same argument for his 41.712-month sentence on the delivery of cocaine charge. The question, however, is whether this error is harmless because Cooper was sentenced as a habitual felony offender. While the 41.712-month sentence happened to be equal to the minimum guidelines sentence under the incorrectly calculated score sheet, the guidelines scoresheet is legally irrelevant because Cooper was habitualized. See § 775.084(4)(h), Fla. Stat. (2002)(“A sentence imposed under this section is not subject to s. 921.002 [The Criminal Punishment Code].”); Tannihill v. State, 848 So.2d 442, 444 (Fla. 4th DCA 2003); LaFleur v. State, 812 So.2d 545, 546 (Fla. 4th DCA 2002)(<HOLDING>); Kenon v. State, 780 So.2d 258, 261 (Fla. 5th 
 Holding statements: (A) holding habitual sentence rendered guidelines scoresheet irrelevant (B) holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal (C) holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal (D) holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines (E) holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range  even where the sentence imposed fell within the correct range
Example Output: holding habitual sentence rendered guidelines scoresheet irrelevant

Example Input: Inc. v. Hilton Hotels Corp., No. 03 Civ. 8258 (SAS), 2004 WL 868211, at * 7 (S.D.N.Y. Apr.21, 2004). In order to establish a prima facie claim of negligent misrepresentation, a plaintiff must show reliance upon a false statement or material misrepresentation or omission made by the defendant to the plaintiff. See, Prohaska, 138 F.Supp.2d at 447; Sita, 43 F.Supp.2d at 260. Assuming that there existed a special relationship and corresponding duty on the part of CVS ProCare to provide plaintiff with correct information regarding the prescription drug it was providing him, “an issue generally not susceptible to resolution at the pleadings stage,” Century Pacific, 2004 WL 868211, at * 8 (internal quotations and citation omitted); see also Bombardier Capital, 2003 WL 22137989, at * 4 (<HOLDING>), plaintiff cannot establish the second element 
 Holding statements: (A) holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment (B) holding it is a question of fact (C) holding that whether the plaintiffs reliance on a negligent misrepresentation is justified generally raises a question of fact (D) holding negligent misrepresentation sufficient (E) holding that generally the question of waiver and estoppel is a question of fact
Example Output:
holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment