instruction:
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.
question:
an intention that suits for pension benefits by disappointed applicants are equitable.”), cert. denied, 449 U.S. 1112, 101 S.Ct. 922, 66 L.Ed.2d 841 (1981); see also Sullivan v. LTV Aerospace and Defense Co., 82 F.3d 1251, 1258-59 (2d Cir.1996); Berry v. Ciba-Geigy Corp., 761 F.2d 1003, 1007 (4th Cir.985); Turner v. CF & I Steel Corp., 770 F.2d 43, 47 (3d Cir.1985), cert. denied, 474 U.S. 1058, 106 S.Ct. 800, 88 L.Ed.2d 776 (1986); In re Vorpahl, 695 F,2d 318, 321-22 (8th Cir.1982); Calamia v. Spivey, 632 F.2d 1235, 1237 (5th Cir. Unit A 1980). Some district courts have suggested that Firestone Tire & Rubber v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989), calls these holdings into doubt. See, e.g., Hulcher v. United Behavioral Sys., 919 F.Supp. 879, 885 (E.D.Va.1995) (<HOLDING>); Vaughn v. Owen Steel Co., 871 F.Supp. 247, 
 Holding statements: (A) holding that  1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under  1132a3 is thus not appropriate (B) holding plaintiff had no claim under  1132a3 because his grievance that benefits were denied is specifically addressed in  1132a1b (C) holding that plaintiff in erisa action was entitled to restitution under similar circumstances (D) holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan (E) holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under  1132a1b
answer:
holding that  1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under  1132a3 is thus not appropriate


question:
found it “difficult to maintain on a priori grounds that sex is physically dangerous” to every potential victim under the statute. Id. at 299. The First Circuit examined a similar statute-punishing a person over the age of 18 who engages in sexual intercourse with a person between 14 and 16-in United States v. Sacko, 178 F.3d 1 (1st Cir.1999). The court determined that statutory rape crimes fall within the exception to the categorical approach because they “cover[ ] conduct both inside and outside the ‘violent felony’ sphere.” Id. at 4-5. We agree with the First and the Seventh Circuits that statutory rape statutes that include more mature victims and do not contain aggravating factors are not subject to the strict categorical approach articulated in Taylor. See Seaton, 45 F.3d at 111 (<HOLDING>). Thus, this case should be remanded for the 
 Holding statements: (A) holding the crime of conspiracy is committed or not before the substantive crime begins (B) holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc  16 (C) holding that if a crime is broadly defined the court can look beyond the elements of the crime (D) holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction (E) holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime
answer:
holding the crime of conspiracy is committed or not before the substantive crime begins


question:
Second, Defendants raise the possibility that Venezuela law, rather than Ohio law, applies to the equitable estoppel theory. “[I]n FSIA cases, [the Court] use[s] the forum state’s choice of law rules to resolve all issues, except jurisdictional ones.” O’Bryan v. Holy See, 556 F.3d 361, 381 (6th Cir.2009) (internal quotations omitted). Under Ohio law, “if two jurisdictions apply the same law, or would reach the same result applying their respective laws, a choice of law determination is unnecessary because there is no conflict, and the laws of the forum state apply.” Wendy’s Intern., Inc. v. Illinois Union Insur. Co., No. 2:05-cv-803, 2007 WL 710242, at *5 (S.D.Ohio Mar. 6, 2007); see also Glidden Co. v. Lumbermens Mut. Cas. Co., 112 Ohio St.3d 470, 474-75, 861 N.E.2d 109 (Ohio 2006) (<HOLDING>). Moreover, the party seeking application of 
 Holding statements: (A) holding that in cases of a false conflict of law a court may apply the law of the forum state (B) holding that an actual conflict between ohio law and the law of another jurisdiction must exist for a choiceoflaw analysis to be undertaken (C) recognizing conflict between prior precedents on whether jurisdiction is question of law or fact (D) holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed (E) holding that atca establishes cause of action for violations of international law but requiring the district court to perform a traditional choiceoflaw analysis to determine whether international law law of forum state or law of state where events occurred should provide substantive law in such an action
answer:

holding that in cases of a false conflict of law a court may apply the law of the forum state