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.
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Question: by Ankeny should arise rarely and therefore would be unlikely to produce a swarm of cases involving excessive force searches. Also, officials and courts are far more competent to discern which extraordinary tactics constitute excessive force than to determine in the heat of the moment “what constituted] a reasonable wait time in a particular case” before entering' — usually a matter of calculating, wholly subjectively the appropriate number of seconds. Id. at 2166 (internal quotations and citations omitted). In fact, without any difficulty, we have in the past in a case remarkably similar to the one before us struck down, as constituting excessive force, specific tactics such as the ones used in the case before us. See, e.g., Boyd v. Benton County, 374 F.3d 773, 779 (9th Cir.2004) (<HOLDING>). Finally, on the cost side, the 
 Holding statements: (A) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (B) holding officers punch of an inmate was not excessive force (C) holding that ordering police officers to use excessive force in bringing a lawyer into court was a judicial act (D) recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest (E) holding that officers had employed constitutionally excessive force by blindly throwing a flash bang grenade into an apartment occupied by five to eight individuals

Answer: holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim


Question: v. Fortis Benefits Ins. Co., 116 F.Supp.2d 937, 950-51 (M.D.Tenn.2000). As other circuits have recognized, the treating physician rule is a standard that was developed in the Social Security context requiring the administrative law judge to give deference to the opinions of a claimant’s treating physician when determining the claimant’s eligibility for benefits. See, e.g., Regula, 266 F.3d at 1139; see also Peabody Coal Co. v. Groves, 277 F.3d 829, 833-35 (6th Cir.2002) (applying the “treating physician presumption” in a Black Lungs Benefit case holding that an AL J may place greater weight on the opinion of a claimant’s treating physician than those of non-treating physicians). Several circuits have adopted the treating physician rule in an ERISA context. Regula, 266 F.3d at 1139 (<HOLDING>); Donaho v. FMC Corp., 74 F.3d 894, 901 (8th 
 Holding statements: (A) holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa (B) holding that erisa benefits are not property of the estate (C) holding that an erisa plan administrator is not bound by an ssa disability determination when reviewing a claim for benefits (D) holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician (E) holding as a matter of first impression that the treating physician rule is applicable in the context of a disability benefits determination under erisa

Answer: holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa


Question: the representation, and (iii) the share of the fee that each lawyer or law firm will receive or, if the division is based on the proportion of services performed, the basis on which the division will be made[.] Tex. Disc. Rules of Prof. Conduct R. 1.04©. Failure to follow the rules may result in a quantum meruit fee recovery. Tex. Disc. Rules of Prof. Conduct R. 1.04(g). “Although the Disciplinary Rules do not define standards of civil liability for attorneys, they are persuasive authority outside the context of disciplinary proceedings, and we have applied Rule 1.04 as a rule of decision in disputes concerning attorney’s fees.” Hoover Slovacek LLP v. Walton, 206 S.W.3d 557, 561 n. 6 (Tex. 2006) (citations omitted); Sanes v. Clark, 25 S.W.3d 800, 805 (Tex.App.-Waco 2000, pet. denied) (<HOLDING>); but see Tex. Disc. Rules of Prof. Conduct 
 Holding statements: (A) holding that contracts of adhesion are not voidable unless unconscionable (B) holding that contingency fee contract did not cap award of attorneys fees where johnson had so held (C) holding that an attorney was entitled to a quantum meruit recovery even though his oral contingency fee agreement with the client violated the ind rules of professional conduct which require a contingency fee agreement to be in writing (D) holding that contingency fee contracts are voidable where attorneys fail to comply with disciplinary rules (E) holding contingency fee cases commenced prior to dissolution are assets of the firm

Answer:
holding that contracts of adhesion are not voidable unless unconscionable