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: policy becomes a composite of factors that bear on a better answer to the question, ‘How shall the losses be distributed?’ ”). Slain and Kripke argued that “[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance.” Slain & Kripke, supra, at 286. Analyzing the first risk — that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, “stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full.” Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308 
 Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding

A: (B)
****
Q: to use the latter route to circumvent Congress’s apparent intent in enacting the AEDPA to bar all review of such decisions. Blair-Bey v. Quick, 151 F.3d 1036, 1046 (D.C.Cir.1998). In 1997, the Ninth Circuit held that the new restrictions on successive petitions do not prevent a petitioner from bringing a § 2241 claim after he has already brought a § 2255 claim. See United States v. Lorentsen, 106 F.3d 278 (9th Cir.1997). Furthermore, in 1998, the Second Circuit held that a § 2255 petition that followed a § 2241 petition was not barred. See Corrao v. United States, 152 F.3d 188, 191 (2d Cir.1998), citing Chambers v. United States, 106 F.3d 472, 474 (2d Cir.1 the execution of a sentence are properly raised in a § 2241 petition”); United States v. Miller, 871 F.2d 488, 489 (4th Cir.1989) (<HOLDING>); Corrao, 152 F.3d at 191 (“a motion under § 
 Holding statements: (A) holding that subject matter jurisdiction under  2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (B) holding that a petition under  2241 attacks the execution of a sen tence while a  2255 petition attacks the validity of a judgment and sentence (C) holding that an attack on the computation and execution of a sentence must come in the form of a  2241 petition (D) holding that  2255 is unavailable to attack execution of sentence (E) holding that it is well settled in this jurisdiction and elsewhere that  2255 will lie only to attack the imposition of a sentence and that an attack on the execution thereof may be accomplished only by way of habeas corpus in the district of confinement

A: (C)
****
Q: Dr. Brewer’s reports addressed the conduct of OGA’s employees, Drs. Jacobs and Gunn, the reports identified Dr. Gunn as OGA’s employee, and McCoy’s original petition alleged that OGA was vicariously liable for the conduct of Jacobs and Gunn under the doctrine of respondeat superior and the requirements of the Texas Professional Association Act. See Troeger v. Myklebust, 274 S.W.3d 104, 110 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (rejecting claim that conduct of dentist, who was sole defendant, was not implicated because her name was omitted from expert report and holding that dentist waived challenges to expert report by failing to raise objections within twenty-one days after service); Univ. of Tex. Sw. Med. Ctr. v. Dale, 188 S.W.3d 877, 879 (Tex.App.-Dallas 2006, no pet) (<HOLDING>). In response, OGA disputes that its conduct 
 Holding statements: (A) holding that medical center was not required to be named in expert report addressing its residents conduct because plaintiffs alleged no directliability claims against it and noting that medical center was implicated in report and so waived all its objections when it failed to object to sufficiency of report within twentyone days after service (B) holding that causation section of expert medical report was not eonclusory when read in context of entire report (C) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (D) holding that expert report addressing hospitals conduct was not required when plaintiffs sole theory against hospital was vicarious liability based on ostensible agency and explaining that the conduct by the hospital on which the agency relationship depends is not measured by a medical standard of care these are principles of agency law on which no expert report is required (E) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a

A:
(A)
****