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.

[EX Q]: 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
[EX A]: holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa

[EX Q]: theory, once the police ... [make] a show of authority designed to produce a stop, the Fourth Amendment is implicated. If, in response to unjustified police actions, the suspect thereafter abandons the property he or she is carrying, then the property abandoned, be it illegal drugs, stolen goods, or other evidence, normally cannot be used against the accused. Clancy, The Supreme Court’s Search for a Definition of a Seizure: What is a “Seizure” of a Person Within the Meaning of the Fourth Amendment? 27 AvlCRIm. L.Rev. 619, 648 (1990). It is undisputed that Johnson denied ownership of the gun when Silvers showed it to him. Tr. at 53, 71. He can thus be fairly said to have exhibited the requisite intent to abandon the gun. See United States v. Veatch, 674 F.2d 1217, 1221 (9th Cir.1981) (<HOLDING>); see also United States v. Canady, 615 F.2d 
 Holding statements: (A) holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice (B) holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action (C) holding that a demal of ownership indicates intent to abandon (D) holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made (E) holding use of word may generally indicates permissive rather than mandatory intent
[EX A]: holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice

[EX Q]: or subject that person to a sexual offense; [or] (e) Terrorize that person or a third person[.] (Emphasis added.) Petitioner stated that “[i]n his case, for both trials, the court gave the following definition of kidnapping, which covered only [HRS § 707-720(d) and HRS § 707-720(e)]: “ ‘A person commits kidnapping if he intentionally or knowingly restrains another person with intent to inflict bodily injury upon that person or terrorize that person.’ ocedure Rule 28(d) (2005) (providing that “[t]he reply brief shall be confined to matters presented in the answering brief’). However, because Petitioner’s assertion relates to jury instructions, whether the court’s instruction was plain error is briefly discussed. See State v. Nichols, 111 Hawai'i 327, 335, 141 P.3d 974, 982 (2006) (<HOLDING>)” and, thus, “the same standard of review is to 
 Holding statements: (A) holding that defendants who do not object to jury instructions at trial are subject to a plain error standard of review on appeal (B) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (C) holding that the plain error and harmless error standards of review merge in the ease of jury instructions because the duty to properly instruct the jury lies with the trial court (D) holding that any error was harmless and thus not plain error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial
[EX A]:
holding that defendants who do not object to jury instructions at trial are subject to a plain error standard of review on appeal