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.

The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3d at 1342. Their holdings are unsurprising given that no state officials were charged with enforcing those laws. However, in the case before me, certain state officials are expressly charged with enforcing the law. Indeed, the Eleventh and Sixth Circuits distinguished the cases before them from cases challenging penal laws enforceable by state officials, finding the latter suitable for application of Ex Parte Young. See Summit Med. Assocs., 180 F.3d at 1337-41 (<HOLDING>); Deters, 92 F.3d at 1416 n. 10 (distinguishing 
 Holding statements: (A) holding that the statute as applied violates the commerce clause (B) holding no error occurred in excluding portion of statement offered by defendant because the rejected portion of the conversation in no manner explains or modifies that portion of the conversation which came into evidence (C) holding that an offender convicted under the bestiality portion of the criminal sodomy statute does not have standing to challenge the constitutionality of die portion of the statute that criminalizes homosexual conduct (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute
(E)

fundamental error analysis. 4 . During this hearing the court allowed Dr. Bail-on to testily telephonically from the hospital at which the patient was located. 5 . Alternatively, an appellate court could remand the matter to the superior court for evidentiary hearings and findings on the effectiveness of appointed counsel. See In re Condry's Estate, 117 Ariz. 566, 568, 574 P.2d 54, 56 (App.1977). In In re Maricopa County Juv. Action No. JS-4942, 142 Ariz. 240, 242, 689 P.2d 183, 185 (App. 1984), we reversed and remanded the matter to the juvenile court for an evidentiary hearing to determine whether the parent had received adequate notice of the hearings against him and whether the parent had received effective assistance of counsel. 142 Ariz. at , 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (<HOLDING>); State v. Carriger, 132 Ariz. 301, 304, 645 
 Holding statements: (A) holding that constitution requires  an opportunity  granted at a meaningful time and a meaningful manner  for a hearing appropriate to the nature of the case (B) holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant (C) holding if counsel entirely fails to subject the prosecutions case to meaningful adversarial testing  the adversary process itself is presumptively unreliable (D) holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner (E) holding that the prosecutions suppression of evidence material to guilt or punishment violates due process regardless of the prosecutions good or bad faith
(C)

an untrue statement of material fact; (6) failed to state a material fact necessary to make other statements not misleading; and (7) made a statement in such a manner as to mislead a reasonably prudent person to a false conclusion of a material fact. (Compl. ¶ 32.) Plaintiff bases these claims both on Walker’s alleged misrepresentations during the enrollment phase and on Walker’s or another Paychex employee’s alleged fraudulent alteration of Mr. Kersh’s enrollment form. (Id. ¶ 31.) Defendants argue that these claims, like all others in the Complaint, relate to the Salto Plan and are therefore subject to conflict preemption. (MTD at 19.) While some claims brought under the Texas Insurance Code are preempted by ERISA, see, e.g., Hansen v. Continental Ins. Co., 940 F.2d 971 (5th Cir.1991) (<HOLDING>), such preemption is not automatic. Instead, 
 Holding statements: (A) holding negligent misrepresentation claim was not preempted because it neither sought benefits under plan nor alleged improper processing of benefits (B) holding that erisa did not preempt hospitals claims against erisa plan administrator for misrepresentation under texas insurance code because hospitals claims were not dependent on or derived from the beneficiarys right to recover benefits under the plan (C) holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on  the right to recover benefits under the erisa plan (D) holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan (E) holding that claims for misrepresentation fraud and texas dtpa violations brought pursuant to article 2121 of the texas insurance code were completely preempted by erisa even if the result left the plaintiff with no adequate remedy for fraud

(D)