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.

WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
holding that the appellant waived an argument listed only in his summary of the argument

the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides’ summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection 
 Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery
holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract

of the insurer; whereas, in other cases, the insured may own less than 100% of the insurer. Id. 5 .This policy lists TRMI and subsidiaries as named insureds. 6 . This policy insures Rosewood and lists Lubri-pac as an additional insured. 7 . The defendants argue that the Mutual Release Agreement applies to any claims for reapportionment of the funds paid toward the Saturn settlement, rather than to claims to the salvage value funds. However, the defendants claim West-chester is not entitled to any salvage value funds because the funds were properly paid to the highest levels of insurers under the defendants’ construction of the layers of insurance coverage. See Vesta Ins. Co. v. Amoco Prod. Co., 986 F.2d 981, 988 (5th Cir.1993) cert. denied, - U.S. -, 114 S.Ct. 80, 126 L.Ed.2d 48 (1993) (<HOLDING>). 8 . Accepting as true Westchester's pleadings 
 Holding statements: (A) holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed (B) holding that the language of  9133 applies only to insurers and not to the insurers employees (C) holding that none of the physicians insurers had a duty to provide coverage since the effects of the negligence first manifested themselves prior to the coverage periods of any of the three policies (D) holding that regardless of insurers good faith denial of coverage plaintiff is entitled to recover interest to put it in position it would have been in if coverage had not been denied (E) holding that money recouped by insurers after paying claims is first applied to the highest layer of coverage

holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed