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]: v. Fortis Benefits Ins. Co., 116 F.Supp.2d 937, 950-51 (M.D.Tenn.2000). As other circuits have recognized, the treating physician rule is a standard that was developed in the Social Security context requiring the administrative law judge to give deference to the opinions of a claimant’s treating physician when determining the claimant’s eligibility for benefits. See, e.g., Regula, 266 F.3d at 1139; see also Peabody Coal Co. v. Groves, 277 F.3d 829, 833-35 (6th Cir.2002) (applying the “treating physician presumption” in a Black Lungs Benefit case holding that an AL J may place greater weight on the opinion of a claimant’s treating physician than those of non-treating physicians). Several circuits have adopted the treating physician rule in an ERISA context. Regula, 266 F.3d at 1139 (<HOLDING>); Donaho v. FMC Corp., 74 F.3d 894, 901 (8th 
 Holding statements: (A) holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa (B) holding that erisa benefits are not property of the estate (C) holding that an erisa plan administrator is not bound by an ssa disability determination when reviewing a claim for benefits (D) holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician (E) holding as a matter of first impression that the treating physician rule is applicable in the context of a disability benefits determination under erisa
[A]: holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa


[Q]: it was minor and that Zhang only had five years of education. The IJ reasonably found these explanations insufficient. Zhang also testified inconsistently regarding whether he was fired from his job after authorities arrested him in 2010, or simply did not return to work. Zhang argues that this inconsistency was “nonexistent” because there was more than one reason why he did not return to work. Zhang does not explain, however, why he did not state that he was terminated when he was first asked why he did not- return to work. The agency reasonably found that Zhang’s failure to mention his termination until prompted by the IJ undermined his credibility, and that his explanation that he “did not listen clearly” was unpersuasive. See Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir.2005) (<HOLDING>). Finally, the agency reasonably found that 
 Holding statements: (A) holding that the court need not accept as true  unwarranted factual inferences (B) holding that district court need not accept the governments recommendation of a minor role reduction (C) holding that a plaintiffs complaint need only establish a plausible entitlement to relief (D) holding that a reasonable factfinder would not be compelled to conclude that the petitioner would more likely than not be subjected to torture if removed to china based solely on the fact that she had illegally departed china without more particularized evidence (E) holding that ij need not accept plausible explanation for inconsistency unless reasonable factfinder would be compelled to do so
[A]: holding that the court need not accept as true  unwarranted factual inferences


[Q]: in the state court. The Illinois legislature enacted the Illinois Court of Claims Act, 705 Ill.Comp.Stat. 50% et seq., which provides for sovereign immunity for the actions brought against the state or its officials unless such a suit is filed in the Illinois Court of Claims. Wells v. Vincennes Univ., 982 F.2d 1147, 1151 (7th Cir.1992). Any state law remedy which may be available to plaintiffs must come in a state court action. See Feldman v. Ho, 171 F.3d 494, 498 (7th Cir.1999) (finding that, because of the Eleventh Amendment, the plaintiffs claims against the state could not be brought in federal court, and entering judgment against plaintiff without prejudice so that he might file suit in Illinois Court of Claims); see also Magdziak v. Byrd, 96 F.3d 1045, 1048-49 (7th Cir.1996) (<HOLDING>). The court’s determination that the 
 Holding statements: (A) holding that tort actions brought against a state actor must be brought in the illinois court of claims and the district courts dismissal of such claims was proper (B) holding section 101106f cannot be used by employees to obtain dismissal of common law intentional tort claims because those claims could not have been brought under the texas tort claims act (C) holding that this language applies to tort claims brought under the federal tort claims act  against a contractor who has a selfdetermination contract (D) holding that even though  24 only refers to actions in state court it applies to state claims brought in federal court (E) holding that ethical violations may be relevant to tort claims brought against attorneys
[A]:
holding section 101106f cannot be used by employees to obtain dismissal of common law intentional tort claims because those claims could not have been brought under the texas tort claims act