instruction:
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.
question:
making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) (“Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor’s conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless.”); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is 
 Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge
answer:
holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify


question:
arm’s-length transaction or from making as prompt or searching investigation as might otherwise be expected. In some situations there is no legal duty to use means available for discovering the fraud.... We are not prepared to say, however, that one in a relationship of trust and confidence is always justified as a matter of law in neglecting every precaution until something occurs to arouse his suspicions. Courseview, 312 S.W.2d at 205; Duthu v. Pena, 228 F.3d 409, 2000 WL 1056126, at *7-9 (5th Cir.2000) (unpublished) (collecting cases). This case presents precisely the sort of intentional concealment of ill-gotten profits (in the face of a duty to disclose such profits) that allows a plaintiff to benefit from equitable estoppel. See Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.1983) (<HOLDING>);. Gibson v. Burkhart, 650 S.W.2d 185, 188-89 
 Holding statements: (A) holding a cause of action accrues once an injury has occurred and manifested itself (B) holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action (C) recognizing negligent procurement to be a negligence cause of action (D) recognizing cause of action (E) recognizing the cause of action
answer:
holding a cause of action accrues once an injury has occurred and manifested itself


question:
or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.” Tex. Lab. Code Ann. § 408.001(a) (West 2015). The entity with the "right to control” the employee at the time of an accident is the "employer” for workers’ compensation purposes. See Archem v. Austin Indus., Inc., 804 S,W.2d 268, 269 (Tex.App.—Houston [1st Dist.] 1991, no writ). The concept of joint control shared by dual or co-employers has been found applicable in workers’ compensation insurance cases. See Port Elevator-Brownsville v. Casados, 358 S.W.3d 238, 242 (Tex.2012) (concluding employee of staffing company was covered by both temporary employer's and staffing company's workers’ compensation insurance); Wingfoot Enters. v. Alvarado, 111 S.W.3d 134, 143 (Tex.2003) (<HOLDING>); Brown v. Aztec Rig Equip., Inc., 921 S.W.2d 
 Holding statements: (A) holding that exclusiveremedy provision applied to both temporary staffing company and client company (B) holding owner of company qualified as an employer due to inter alia his authority to hire and fire employees and overall financial control of company (C) holding that trial court erred in granting ex parte temporary injunction prohibiting marketing activities of defendant company because there had been no showing that plaintiff company would likely suffer irreparable harm or lacked an adequate remedy at law (D) holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company (E) holding that a limited liability company is a citizen of any state of which a member of the company is a citizen
answer:

holding owner of company qualified as an employer due to inter alia his authority to hire and fire employees and overall financial control of company