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: if the terms of the health care plan specifically exclude from coverage the cost of an appendectomy, then any injuries caused by the refusal to cover the appendectomy are properly attributed to the terms of the plan itself, not the managed care entity that applied those terms. 4 Respondents also argue that ERISA § 502(a) completely pre-empts a state cause of action only if the cause of action would be pre-empted under ERISA § 514(a); respondents then argue that their causes of action do not fall under the terms of § 514(a). But a state cause of action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress’ clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon, 498 U. S.133, 142 (1990) (<HOLDING>). 5 ERISA § 514(b)(2)(A), 29 U. S. C. § 
 Holding statements: (A) holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing cause of action for equitable estoppel under erisa (E) recognizing the cause of action

A: (C)
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Q: 2d 266, ¶ 35 (discussing the reasoning in Brunst as being that "unless these 'time immemorial' duties were constitutionally protected from interference by others, the constitutional provision securing the people the right to choose sheriffs would become meaningless"). It seems incongruous to us that the policy of keeping duties within the office of sheriff because he is elected and answerable to the electors is consistent with the holdings in WPPA II (and, more recently Brown County), where the court held that because the duty was characteristically the sheriffs, he can, as a result, contract with third parties for the carrying out of the duty. Yet, we are bound by WPPA II (and its interpretation of Brunst) and Brown County. See Cook v. Cook, 208 Wis. 2d 166, 190, 560 N.W.2d 246 (1997) (<HOLDING>). ¶ 29. For the reasons stated, we reverse the 
 Holding statements: (A) holding that one panel cannot overrule a prior panels published decision (B) holding that court of appeals may adopt such waiver rule (C) holding court of appeals erred in refusing to take judicial notice of published puc order (D) holding that the court need not follow a decision of the district of columbia court of appeals where  it appears that the  court of appeals itself would not follow that decision (E) holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

A: (E)
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Q: 2004. Because Prudential arbitrarily denied Mr. Smith’s benefits as of that date, the Plan Administrator did not examine evidence regarding Mr. Smith’s disability after July 2, 2004, nor is there sufficient evidence in the record for the Court to do so. Because the administrative record is insufficient to determine the end date of Mr. Smith’s short-term disability (assuming it did end), the Court will remand the case to the Plan Administrator for further evaluation consistent with this opinion. See Smothers v. Multi-Tool, Inc./Multi-Plastics, Inc. Employee Health & Welfare Plan, 298 F.3d 191, 200 (3d Cir.2002) (remanding case to plan administrator for first consideration of facts newly made relevant by the Court’s opinion); Zervos v. Verizon N.Y., Inc., 277 F.3d 635, 648 (2d Cir.2002) (<HOLDING>). IV. CONCLUSION For the reasons set forth 
 Holding statements: (A) holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator (B) holding that remand is the proper course for handling a case where the factual record is incomplete (C) holding that it is appropriate to remand to the plan administrator when the administrative record is incomplete (D) holding that a payment is under the plan when the debt is provided for in the plan (E) holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary

A:
(C)
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