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.

Q: allege no physical harm resulting from Wells Fargo’s voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) (“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.” (quoting Restatement (Second) of Torts § 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we 
 Holding statements: (A) holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm (B) holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself (C) holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort

A: holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself
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Q: who have not returned their consents 30 days from the date notice is mailed as unnecessary. Plaintiff replies that reminder notice is necessary because potential class members work in remote locations far away from their homes for long periods of time. Plaintiff argues that reminder notice affects the broad remedial purposes of the FLSA and ensures that potential class members receive notice of their rights and potential claims. District courts are split as to whether reminder notices to potential class members are proper in FLSA actions. See Santinac v. Worldwide Labor Support of Illinois, Inc., 107 F.Supp.3d 610, 618-19, 2015 WL 3486971, *6 (S.D.Miss. June 2, 2015) (citing Garcia v. TWC Administration, LLC, Civil Action No. SA: 14-CV-985-DAE, 2015 WL 1737932 (W.D.Tex, April 16, 2015) (<HOLDING>)). Courts that have denied requests for 
 Holding statements: (A) holding that district courts do not have appellate jurisdiction over state courts (B) recognizing that uniformity has at its heart the equalization of the ratio among all properties in the district (C) holding that a district courts findings under rule 52a are to be liberally construed in support of the district courts judgment (D) recognizing split among district courts (E) recognizing district courts discretion to consider pending state charge in determining sentence

A: holding that district courts do not have appellate jurisdiction over state courts
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Q: Count I of the Indictment in Bradford II, a potential charge dismissed as part of a plea agreement in the case. Second, such conduct did not enter into the determination of the applicable guideline range. Arguably, § 2D 1.1 takes into account some of the pernicious effects of unlawful substances, because it is directed at the unlawful manufacturing, importing, exporting and trafficking of controlled substances. See USSG § 2D1.1, passim. Defendant’s distribution of heroin resulting in the death of J.H., however, clearly did not enter into the determination of the applicable range. As the court made clear in its discussion of Rebmann II, see supra Parts V(A)(2)(a) and (b), USSG § 2D1.1 contains a specific provision for death: USSG § 2Dl.l(a)(2). This provision was ina D.C.Cir.2006) (<HOLDING>). “Under [§ J2D1.1, the base offense level for 
 Holding statements: (A) holding section 107a17bs plain language does not require that the actor actually intend death or serious bodily injury an object is a deadly weapon if the actor intends a use of the object in which it would be capable of causing death or serious bodily injury (B) holding that it was a double jeopardy violation to convict and sentence for both dui with serious bodily injury and driving without a valid license with serious bodily injury based on an injury to a single victim (C) holding dui causing serious bodily injury is not a crime of violence under 18 usc  16 (D) holding that  2d11a2 applied because defendant pled guilty to a crime that contemplated death or serious bodily injury from the use of heroin (E) holding that specific intent is not element of assault resulting in serious bodily injury

A:
holding section 107a17bs plain language does not require that the actor actually intend death or serious bodily injury an object is a deadly weapon if the actor intends a use of the object in which it would be capable of causing death or serious bodily injury
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