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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms
(D)

make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
(C)

right of a party....”). 68 . United. States v. Skelton, 514 F.3d 433, 438 (5th Cir.2008). 69 . Id. 70 . United States v. Davis, 393 F.3d 540, 548 (5th Cir.2004) (quoting United States v. Restivo, 8 F.3d 274, 278 (5th Cir.1993)). 71 . Skelton, 514 F.3d at 442 (citing Davis v. Alaska, 415 U.S. 308, 316-17, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974)). 72 . Id. at 439 (quoting Delaware v. Van Arsdall, 475 U.S. 673, 679, 106 S.Ct. 1431, 89 L.Ed.2d 674(1986)). 73 . Van Arsdall, 475 U.S. at 680, 106 S.Ct. 1431. 74 . United States v. Tomblin, 46 F.3d 1369, 1389 (5th Cir.1995) (quoting United States v. Leake, 642 F.2d 715, 718 (4th Cir.1981)) (internal quotation marks omitted). 75 . United States v. Farias-Farias, 925 F.2d 805, 809 (5th Cir.1991). 76 . See Van Arsdall, 475 U.S. at 684, 106 S.Ct. 1431 (<HOLDING>). 77 .Id. at 684, 106 S.Ct. 1431 (the factors 
 Holding statements: (A) holding that before an error can be held harmless the reviewing court must be satisfied beyond a reasonable doubt that the error did not contribute to the defendants conviction (B) holding that the constitutionally improper denial of a defendants opportunity to impeach a witness for bias like other confrontation clause errors is subject to chapman harmlesserror analysis (C) holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt (D) holding that the improper denial of a defendants opportunity to impeach for bias is subject to harmlesserror review in which the reviewing court must determine if the error was harmless beyond a reasonable doubt (E) holding that appellate court should review error in trial procedure to determine if it was harmless beyond a reasonable doubt

(D)