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: v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). 35 . Id. at 694, 104 S.Ct. 2052. 36 . Id. at 689, 104 S.Ct. 2052. 37 . Kimmelman v. Monison, 477 U.S. 365, 381, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986) (quoting Strickland, 466 U.S. at 689, 104 S.Ct. 2052). 38 . Strickland, 466 U.S. at 694, 104 S.Ct. 2052. 39 . The Court notes that the state standard for determining ineffectiveness of counsel applied by the state parallels the federal standard as stated in Strickland. See Baker v. State, 243 Kan. 1, 755 P.2d 493 (1988); Chamberlain v. State, 236 Kan. 650, 694 P.2d 468 (1985). 40 . Jones v. Barnes, 463 U.S. 745, 751-52, 103 S.Ct. 3308, 77 L.Ed.2d 987 (1983). 41 . Id. at 753, 103 S.Ct. 3308. 42 .Id. at 754, 103 S.Ct. 3308. 43 . Id. at 752, 103 S.Ct. 3308 (“Legal 2005) (<HOLDING>). 46 . Moreover, the Court finds no error in 
 Holding statements: (A) holding that counsel was not deficient for failing to make an objection that lacked merit (B) holding that failure to object to properly admitted evidence was not deficient performance by trial counsel (C) holding counsel deficient because she could have had no reasonable basis for not objecting to certain inadmissible evidence despite no evidence of counsels strategy (D) holding that counsel was not deficient in failing to present a meritless argument (E) holding counsel was not deficient in not objecting to testimony that was permissible within state rules of evidence

A: (E)
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Q: delivery to these individuals actually occurred. Sanderson asserted numerous causes of action against the defendants including civil rights and tort claims arising out of Sanderson’s divorce action and his March'2003 arrest for felonious restraint. The felonious restraint charge was later dismissed. Sanderson’s complaint in this lawsuit seeks damages for actions by Thomas and Martens while employed by Walsh County and actions by Judge Geiger while employed by the State of North Dakota. [¶ 3] Walsh County, Thomas, and Martens answered Sanderson’s complaint and moved for summary judgment, seeking dismissal for lack of proper service of process. Judge Geiger also moved to dismiss, asserting the district court lacked personal jurisdiction over 2001 ND 101, ¶¶ 8-10, 627 N.W.2d 379 (<HOLDING>). [¶8] Sanderson’s complaint asserts a number 
 Holding statements: (A) holding that a forum selection clause was not enforceable against defendants that were not parties to the contract (B) holding order dismissing action without prejudice based on contractual forum selection clause is final and appealable because it terminates the litigation in the plaintiffs chosen forum (C) holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum (D) holding that when a forum selection clause designates  an arbitral forum  the proper remedy is dismissal (E) holding appealable dismissal where application of forum selection clause permanently put plaintiff out of district court

A: (E)
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Q: 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). In Landgraf, the Court noted that a statute only truly operates retroactively if applying it would “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” Id. 114 S.Ct. at 1505; see also RTC v. Ford Motor Credit Corp., 30 F.3d 1384, 1387-88 (11th Cir.1994)(analyzing retroactivity of lease repudiation damage limitation provision of FIRREA). Thus, like other courts that have analyzed similar FIRREA provisions, we must address prior banking law to determine whether application of the damage limitation provisions of § 1821(e)(3) would have the retroactive effect defined in Landgraf. See, e.g., Ford Motor Credit, 30 F.3d at 1388 (<HOLDING>). We conclude that, in the Crafts’ case, it 
 Holding statements: (A) holding that the act is not retroactive (B) holding that firreas damage limitations for repudiation of leases worked no substantive change in the law and thus their application was not retroactive (C) holding retroactive application (D) holding no retroactive application (E) recognizing that the application of a retroactive amendment is discretionary

A:
(B)
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