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.
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Question: Supreme Court rejected Cook’s claim of error on direct appeal, finding that the prosecutor’s comments were not directed at Cook’s decision not to testify, and that the comment about the videotape was invited by Cook’s cross-examination and argument. Cook, 821 P.2d at 741-43. The district court agreed that the comments were either comments on the state of the evidence or invited by Cook’s arguments and cross-examination. In addition, the district court found that, if there was error, it was harmless under Brecht v. Abrahamson, 507 U.S. 619, 631, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Comment on the refusal to testify at trial violates a defendant’s Fifth Amendment right against self-incrimination. See Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Also, a prosecutor’s comment on a defendant’s 
 Holding statements: (A) recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify (B) holding that it is improper for prosecutor to comment on accuseds postarrest silence (C) holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation (D) holding fifth amendment prohibits comment on accuseds testimonial silence (E) holding that the fifth amendment  forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

Answer: recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify


Question: of common law fraud, it is considered a fraudulent act and is protected by 9(b)). We conclude that 9(b) applies to FCA fraud claims because not only is such a conclusion in accord with other courts and our more recent decisions, but also because its applicability is consistent with the purposes of Rule 9: (1) to inhibit claims that are filed as a pretext to uncover unknown wrongs; (2) to protect defendants from the harm that results from charges of serious wrongdoing; and (3) to give defendants notice of the complained-of conduct, enabling defendants to prepare a defense. Coronet Insurance Co. v. Seyfarth, 665 F.Supp. 661, 666 (N.D.Ill.1987). See also U.S. ex rel. Stinson, Lyons, Gerlin & Bustamante v. Blue Cross Blue Shield of Georgia, Inc., 755 F.Supp. 1055, 1058 (S.D.Ga.1990) (<HOLDING>); U.S. ex rel. Stinson, Lyons, Gerlin & 
 Holding statements: (A) holding a broad claim with no factual support was insufficient to satisfy rule 9b (B) holding that rule 9b applies to fca (C) holding that californias ucl claims are subject to rule 9b pleading standards (D) holding that charge of money laundering need not satisfy rule 9b (E) holding plaintiffs speculations did not satisfy rule 9b requirements

Answer: holding a broad claim with no factual support was insufficient to satisfy rule 9b


Question: “rel ear-cut method for determining whether a state law which merely has some unintended effects on ERISA-gov-erned plans will be preempted. However, in implicit recognition of the fact that the Supreme Court’s guidance often can only obscure the issue, the Eighth Circuit has held that a variety of tests can provide assistance when determining the effect of a state law on an ERISA plan. Johnston v. Paul Revere Life Ins. Co., 241 F.3d 623, 630 (8th Cir.2001). One such test was set forth by the Eighth Circuit in Prudential Insurance Co. 1072, 1073 (8th Cir.2000) (“ERISA remedies preempt ‘state common law tort and contract actions asserting improper processing of a claim for benefits’ under an ERISA plan.”) (quoting Pilot Life Ins. Co.); Hull v. Fallon, 188 F.3d 939, 943 (8th Cir.1999) (<HOLDING>); accord McDonald v. Household Int’l, Inc., 425 
 Holding statements: (A) holding that where the basis of state claims for medical malpractice relates to the administration of plan benefits those claims fall squarely within the scope of erisa (B) holding that declaratory judgments fall outside the scope of the court of claims jurisdiction (C) holding that claims were preempted where the factual basis of the complaint was the denial of reimbursement of plan benefits (D) holding that general medical malpractice claims do fall with waiver provision of ttca (E) holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan

Answer:
holding that declaratory judgments fall outside the scope of the court of claims jurisdiction