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]: lease, for the first time in his reply brief, thus, he has waived it. In most circumstances a litigant who fails to raise an argument until his reply brief wül be deemed to have waived that argument. Wilson v. O’Leary, 895 F.2d 378, 384 (7th Cir. 1990). This case is before us, however, on a motion for dismissal pursuant to Rule 12(b)(6). The inquiry we are faced with is whether the plaintiff can prove any set of facts to support his allegation. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). This court has held that when reviewing Rule 12(b)6) motions, we wül consider new factual allegations raised for the first time on appeal provided they are consistent with the complaint. See Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir.1992) (<HOLDING>); Dawson v. General Motors Corp., 977 F.2d 369, 
 Holding statements: (A) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (B) holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings (C) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (D) holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion (E) holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss
[A]: (C)


[Q]: by a party under this section which is not accepted and the party recovers a judgment which is greater than or equal to the amount specified in the offer of settlement, the party is entitled to interest at the annual rate of 12% on the amount recovered from the date of the offer of settlement until the amount is paid. Interest under this section is in lieu of interest computed under ss. 814.04 (4) and 815.05 (8). 2 The parties do not attempt to draw a distinction between a reasonable degree of professional certainty on the one hand, and a reasonable degree of professional probability on the other — Casimere v. Herman, 28 Wis. 2d 437, 445-446, 137 N.W.2d 73, 77 (1965), uses the phrases as apparent synonyms. See also Hennekens v. Hoerl, 160 Wis. 2d 144, 166, 465 N.W.2d 812, 821 (1991) 
 Holding statements: (A) recognizing that the phrases can be used interchangeably (B) holding that statements taken in violation of massiah can be used for impeachment purposes (C) holding floor can be used as deadly weapon (D) holding that rule 35a can be used to challenge sentences that are not authorized by the judgment of conviction (E) recognizing that there can be compelling circumstances in which a trial court can determine that neither party prevailed in a contract case
[A]: (A)


[Q]: that the newspapers and magazines will use the U.S. Mail to send such matter to them subscribers, and therefore, that such Defendant “caused” the use of the mails within the meaning of the mail fraud statute. See, e.g., Carpenter, 484 U.S. at 28, 108 S.Ct. 316 (“[U]sing the wires and the mail to print and send the [Wall Street] Journal to its customers” containing the column at issue “was not only anticipated but an essential part of the scheme.”); Atlas Pile Driving Co. v. DiCon Financial Co., 886 F.2d 986, 992 (8 Cir.1989) (“[I]t was almost certain that notice of [foreclosure sales] would be mailed to other claimants or that notice would be published in newspapers and copies of the notice distributed through the mails.”); United States v. Bowers, 644 F.2d 320 (4th Cir. 1981) (<HOLDING>); United States v. Shepherd, 587 F.2d 943, 944 
 Holding statements: (A) holding that an increased sentence may be imposed for harms that were a reasonably foreseeable consequence of the defendants conduct even where the defendant did not directly cause the specific harm (B) holding that in order for a claim to be reasonably ascertainable the debtor must have in his possession at the very least some specific information that reasonably suggests both the claim for which the debtor may be liable and the entity to whom he would be liable (C) holding that it was reasonably foreseeable that newspapers would be mailed to some subscribers containing the advertisements the defendant placed in the newspaper (D) holding that it was reasonably foreseeable to the defendant that the letter he handdelivered to a newspaper in response to an advertisement would be sent by the newspaper to its customer via the us mails (E) holding that an alien may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future
[A]:
(C)