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: would allow for the award of attorney fees whenever a statute or contract provides for one side to pay expenses, even when such attorney fees were not contemplated. The majority opinion sets a dangerous precedent in this regard. Therefore, I do not join in the majority’s opinion that the term “expenses” as used in section 13-7-4(d) includes attorney fees, but would hold that because that section does not specifically provide for an award of attorney fees, such award was improper here. For the reasons stated above, I concur in the majority’s determination that the trial court improperly awarded attorney fees to defendant Newspaper Agency Corporation. However, I dissent rs of Am. v. Champion Int’l Corp., 790 F.2d 1174 (5th Cir.1986); In re Olliff, 258 Ga. 157, 366 S.E.2d 289, 289 (1988) (<HOLDING>); Head v. Savage, Minn., 255 N.W.2d 32, 38 
 Holding statements: (A) holding that an award for medical expenses is proper when the expenses have been incurred but not paid (B) holding that costs and expenses are to considerable degree synonymous (C) holding that the bankruptcy court properly disallowed fees when the bank could not demonstrate actual costs and expenses beyond its normal operating costs attributable to the debtors loan (D) holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs (E) holding that expenses refers to costs

A: holding that an award for medical expenses is proper when the expenses have been incurred but not paid
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Q: (2013) (ex plaining the FDA’s view that “promoting a drug for an off-label use is a violation” of the FDCA’s misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep’t of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA’s informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the 
 Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

A: holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation
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Q: decision); id. at 451-52 (rejecting the argument that removal violated the Equal Protection Clause because of a difference in the timing and location of proceedings); id. at 452 (finding an argument based on international law waived). Rather, he contends that “summary decision on this case would result in overlooking legal arguments” that were not presented in Salazar-Regino. The relief Petitioner seeks would require us to act contrary to prior precedent. However, one panel of this court cannot overrule a prior panel decision. See id. at 448 (court obliged to follow the panel decision in Hernandez-Avalos); Dahl v. Akin, 630 F.2d 277, 282 n. 4 (5th Cir.1980) (“[I]n this Circuit, one panel cannot overrule another”); Williams v. Blazer Fin. Servs., Inc., 598 F.2d 1371, 1374 (5th Cir.1979) (<HOLDING>). Because we are obliged to follow 
 Holding statements: (A) holding ajbsent en banc reconsideration we are bound by prior decisions of this circuit (B) recognizing that a later en banc court may overrule an earlier en banc opinion (C) holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc (D) holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court (E) holding that circuit court decisions bind circuit unless and until overturned by the court en banc or by higher authority

A:
recognizing that a later en banc court may overrule an earlier en banc opinion
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