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.

Q: the Society over in Russia when the company began to sell its SMIRNOV vodka there. A pending litigation in a foreign country between essentially the same parties, even one that concerned a slightly different topic, has been found to create a objectively reasonably apprehension of suit. See Ethicon, Inc. v. American Cyanamid Co., 369 F.Supp. 934, 936-37 (D.N.J.1973). Therefore, even though it appears as if the defendants have never directly threatened the plaintiffs with legal action in the United States, the court concludes that the plaintiffs have introduced sufficient evidence to support their claim that they reasonably feared a lawsuit if they attempted to enter the U.S. market. Cf. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of America, 257 F.2d 485, 490 (3d Cir.1958) (<HOLDING>). Nevertheless, because the court finds that 
 Holding statements: (A) holding that the declaratory judgment act is a procedural device (B) recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction (C) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment (D) holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act (E) recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act

A: (E)
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Q: as here, where officers were attempting to handcuff an individual who had been resistant. See Rodriguez v. Farrell, 294 F.3d 1276, 1278-79 (11th Cir.2002) (finding no excessive force, and noting that an officer need not credit an arrestee’s claims of pain, especially when the arrestee is in the process of being handcuffed); Jackson v. City of Bremerton, 268 F.3d 646, 650-53 (9th Cir.2001) (finding no excessive force where plaintiff suffered a fractured finger after officer pushed plaintiff to the ground for purpose of handcuffing her despite being told of preexisting back and shoulder injuries, and where plaintiff had earlier posed a threat to officers’ safety and ability to control a crowd); Huang v. Harris County, No. 00-20806, 2001 WL 822534, at *10 (5th Cir. June 22, 2001) (<HOLDING>); Brownell v. Figel, 950 F.2d 1285, 1288, 1293 
 Holding statements: (A) holding that force was reasonable where officer broke resisting arrestees thumb by twisting her wrist in an effort to prevent her from kicking him  and place her in handcuffs (B) holding that conduct was sufficiently severe or pervasive where the female plaintiffs supervisor frequently tried to get plaintiff to date him using many direct as well as indirect propositions for sex including following her into the restroom repeated attempts to touch her breasts place his hands down her pants and pull off her pants and enlisting the assistance of others to hold her while he attempted to grope her (C) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (D) holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim (E) holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm  escorting her from her home taking the keys to her home and locking the door and  placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment

A: (A)
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Q: effect on the procreation and child-rearing practices of opposite-sex married (or unmarried) couples. See Perry II, 671 F.3d at 1088, 2012 WL 372713, at *21 (“There is no rational reason to think that taking away the designation of ‘marriage’ from same-sex couples would advance the goal of encouraging ... opposite-sex couples to procreate more responsibly.”) To the extent some people may have a bias in favor of preferring biological parents over other couples, there is no such recognition of this distinction under federal or state law. See id. There has been no showing that DOMA alters any state or federal law governing childbearing, procreation or family structure. Given the state of the law, the rationale of promoting responsible child-rearing finds no “ ‘footing in t 85, 186 (1971) (<HOLDING>)). Again, the argument that the definition of 
 Holding statements: (A) holding in a case involving not intraunion politics but rather a matter of an employer requiring the union to carry out the penalty provision of a collective bargaining agreement that the statutory term otherwise disciplined is narrowly confined to regulatory actions that affect a union members rights or status as a member of the union that the sanctions imposed were employmentrelated rather than internal union related and that the safeguards in  411a5 were not available for such action (B) holding that the law to be applied in determining the validity of  an outofstate marriage is the law of the state in which the marriage occurred (C) holding that a vermont civil union is not the equivalent of a marriage (D) holding that as long as alleged breach of a continuing duty occurred within six years of the filing of the lawsuit the claim is timely (E) holding that the institution of marriage as a union of man and woman uniquely involving the procreation and rearing of children within a family is as old as the book of genesis

A:
(E)
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