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.
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Question: in their pension payments would only be temporary, rather than receiving any express representations regarding that fact. See Grossman Decl. Ex. D at 141-42 (Avitabile); id. Ex. E at 119 (Keelin). Further, as previously noted, it is undisputed that all five plaintiffs received clear and unambiguous written information that accurately described the Level Income Option and indicated that the reduced payments would continue “until death.” These (and other) accurate written communications rendered any inconsistent oral representations (assuming, arguendo, that there were any) entirely immaterial, because plaintiffs had full notice of their benefit rights and could not reasonably have been misled by anything to the contrary. Adams v. Tetley USA, Inc., 363 F.Supp.2d 94, 109 (D.Conn.2005) (<HOLDING>); see also Ballone, 109 F.3d at 126; Adams, 
 Holding statements: (A) holding that in the context of mail and wire fraud a plaintiff must have justifiably relied to his detriment on the defendants material misrepresentations (B) holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage (C) holding that class actions may be reasonably litigated through use of legitimate inferences based on the nature of the alleged misrepresentations at issue (D) holding that contractor could not show that it reasonably relied upon alleged misrepresentation (E) holding that plan beneficiaries could not have reasonably relied on any alleged oral misrepresentations in light of a signed severance agreement containing information to the contrary

Answer: (E)


Question: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977

Answer: (B)


Question: § 42-217. If, based on the proof submitted by the applicant and the field examination, the Department “is satisfied that the law has been fully complied with and that the water is being used at the place claimed and for the purpose for which it was originally intended, the [Department shall issue to such user or users a license confirming such use.” I.C. § 42-219(1). On the other hand, “[i]n the event that the [Department shall find that the applicant has not fully complied with the law and the conditions of permit, it may issue a license f ls Ground Water Dist., 141 Idaho 746, 753, 118 P.3d 78, 85 (2005) (finding that “a party is not entitled to vested rights in a water right by virtue of filing a permit application”); Hardy v. Higginson, 123 Idaho 485, 491, 849 P.2d 946, 952 (1993) (<HOLDING>). However, this Court has never considered the 
 Holding statements: (A) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (B) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (C) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (D) holding that permits only give the applicant an inchoate or contingent right to put the water to a beneficial use (E) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use

Answer:
(D)