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: 620, 622 (La.App.1967) (same). Takings of temporary easements are measured differently. A landowner must be compensated for the loss of use of property taken by a temporary easement and any impairment of access to the property during the period of construction. Miczek v. Commonwealth, 32 Mass.App. Ct. 105, 108, 586 N.E.2d 1004, 1005 (1992) (involving temporary slope easement). Some courts have held that the damages are equal to the rental value of the property for the period of occupation. 4 Nichols at § 12E.01. This is commonly measured by the rental value of the property as a whole. See Paddock v. Town of Durham, 110 N.H. 106, 108, 261 A.2d 438, 441 (1970); 4A Nichols at § 14.2462. Cf. Kimball Laundry Co. v. United States, 338 U.S. 1, 8, 69 S.Ct. 1434, 1439, 93 L.Ed. 1765 (1949) (<HOLDING>). E. Miscellaneous Damages are to be measured 
 Holding statements: (A) holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained (B) holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market (C) holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure (D) holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages (E) holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed
Example Output: holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market

Example Input: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice
Example Output: holding that a defendant must demonstrate that he would not have pled guilty but for the error

Example Input: § 341. 4 .It should be noted that there is another class action pending before same district judge who decided POM Wonderful. See Saedian v. The Coca Cola Co., No. 2:09cv06309-SJO-JPR (C.D.Cal.) (Otero, J.). The plaintiffs there bring claims against what appears to be the same product. The instant case was stayed pending a decision by the Judicial Panel on Multidistrict Litigation (“JPML”) on whether to transfer or consolidate it with the Saedian case. ECF No. 30. This Court lifted the stay after the JPML denied the Defendants’motion. ECF No. 31. 5 . The preemption clause makes no mention of § 343(a). 6 . It is true that not every violation of the FDCA will support a state-law claim. See Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341, 353, 121 S.Ct. 1012, 148 L.Ed.2d 854 (2001) (<HOLDING>); cf. Papas v. Upjohn Co., 985 F.2d 516, 518-19 
 Holding statements: (A) holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda (B) holding that express warranty claims that could only arise out of fda approval are preempted (C) holding that state claims for fraudulent submissions to the fda were preempted (D) holding fraudulent representations to the fda could not sustain statelaw claims (E) holding that  14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property
Example Output:
holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda