TASK DEFINITION: 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.
PROBLEM: of the contract, the plaintiffs claim will only sound in contract. Id. In operation, the rale restricts contracting parties to contractual remedies for those economic losses associated with the relationship, even when the breach might reasonably be viewed as a consequence of a contracting party’s negligence. See Jim Walter Homes, Inc. v. Reed, 711 S.W.2d 617, 618 (Tex.1986) (“When the injury is only the economic loss to the subject of a contract itself, the action sounds in contract alone.”). In other words, the economic loss rule precludes recovery of economic losses in negligence when the loss is the subject matter of a contract between the parties. Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282, 285 (T .3d 355, 378 (Tex.App.-Fort Worth 2012, pet. denied) (<HOLDING>). Therefore, we overrule JP Morgan’s fifth 
 Holding statements: (A) holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract (B) holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property  damage claims (C) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (D) holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement (E) holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract

SOLUTION: (D)

PROBLEM: v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). 35 . Id. at 694, 104 S.Ct. 2052. 36 . Id. at 689, 104 S.Ct. 2052. 37 . Kimmelman v. Monison, 477 U.S. 365, 381, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986) (quoting Strickland, 466 U.S. at 689, 104 S.Ct. 2052). 38 . Strickland, 466 U.S. at 694, 104 S.Ct. 2052. 39 . The Court notes that the state standard for determining ineffectiveness of counsel applied by the state parallels the federal standard as stated in Strickland. See Baker v. State, 243 Kan. 1, 755 P.2d 493 (1988); Chamberlain v. State, 236 Kan. 650, 694 P.2d 468 (1985). 40 . Jones v. Barnes, 463 U.S. 745, 751-52, 103 S.Ct. 3308, 77 L.Ed.2d 987 (1983). 41 . Id. at 753, 103 S.Ct. 3308. 42 .Id. at 754, 103 S.Ct. 3308. 43 . Id. at 752, 103 S.Ct. 3308 (“Legal 2005) (<HOLDING>). 46 . Moreover, the Court finds no error in 
 Holding statements: (A) holding that counsel was not deficient for failing to make an objection that lacked merit (B) holding that failure to object to properly admitted evidence was not deficient performance by trial counsel (C) holding counsel deficient because she could have had no reasonable basis for not objecting to certain inadmissible evidence despite no evidence of counsels strategy (D) holding that counsel was not deficient in failing to present a meritless argument (E) holding counsel was not deficient in not objecting to testimony that was permissible within state rules of evidence

SOLUTION: (E)

PROBLEM: amounts in the budget process that were insufficient to fund payments due local governments as stated in the Act. This failure to request sufficient funds was a breach of the alleged implied contract, plaintiff believes, citing the General Accounting Office on the issue of statutory formulae: ‘Where allocation of funds is based on a statutory formula, the formula itself establishes the obligation to each recipient and the obligation occurs by operation of law.” GAO, Principles of Federal Appropriations Law (“GAO Redbook”) at 7-34. Greenlee also points to eases in which the full appropriation for a government obligation was not available, yet the obligation itself remained. The plaintiff had recourse to the courts for the difference. See, e.g., New York Airways, 369 F.2d at 748 (<HOLDING>). The elements of an implied-in-fact contract 
 Holding statements: (A) holding that the 2005 amendment was a substantive change (B) recognizing that four reasons for granting a rule 59e motion are manifest errors of law or fact newly discovered or previously unavailable evidence manifest injustice and an intervening change in controlling law (C) holding that change in state substantive case law does not constitute the removal of an impediment (D) holding that a subsequent petition may be filed upon a showing of a change in circumstances (E) holding that congress had the power to amend an obligation but any intent to change substantive law in a subsequent appropriation must be clearly manifest

SOLUTION:
(E)