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.
--------
Question: 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). In Landgraf, the Court noted that a statute only truly operates retroactively if applying it would “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” Id. 114 S.Ct. at 1505; see also RTC v. Ford Motor Credit Corp., 30 F.3d 1384, 1387-88 (11th Cir.1994)(analyzing retroactivity of lease repudiation damage limitation provision of FIRREA). Thus, like other courts that have analyzed similar FIRREA provisions, we must address prior banking law to determine whether application of the damage limitation provisions of § 1821(e)(3) would have the retroactive effect defined in Landgraf. See, e.g., Ford Motor Credit, 30 F.3d at 1388 (<HOLDING>). We conclude that, in the Crafts’ case, it 
 Holding statements: (A) holding that the act is not retroactive (B) holding that firreas damage limitations for repudiation of leases worked no substantive change in the law and thus their application was not retroactive (C) holding retroactive application (D) holding no retroactive application (E) recognizing that the application of a retroactive amendment is discretionary

Answer: (B)


Question: The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the 
 Holding statements: (A) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted (B) holding that we must first determine our jurisdiction before proceeding to the merits of the appeal (C) holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred (D) recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 (E) recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

Answer: (D)


Question: F.Supp. 842 (E.D.Pa.1974): To be sure, there are reasons for requiring the defendant to carry the burden of coming forward and alleging a substantial change. In many cases, the alleged substantial change is perceived only by the defendant who should, therefore, . 219, 491 N.E.2d 33, 36 (1986) (stating that “there is no duty upon plaintiffs in making a prima facie product liability case to eliminate all possible causes of the incident other than the one they alleged” (citation omitted)); Kuhnke v. Textron, Inc., 140 Ariz. 587, 684 P.2d 159, 162 (1984) (ruling that “once a defendant comes forward with some evidence of substantial change, the burden is on the plaintiff to show no substantial change” (citing Southmre)); Hiller v. Kawasaki Motors Corp. U.S.A, 671 P.2d 369, 372 (Alaska 1983) (<HOLDING>); cf. Dutsch v. Sea Ray Boats, Inc., 845 P.2d 
 Holding statements: (A) holding there is no authority that provides that the mere sale of a consumer electronics product in california can create a duty to disclose any defect that may occur during the useful life of the product (B) holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury (C) holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control (D) holding that the plaintiff must first establish that the product left the sellers hands in a defective condition after which the seller may introduce evidence that its product was substantially altered after leaving its possession which evidence may rebut or overcome the plaintiffs showing that his injuries were a result of the products defect (E) holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

Answer:
(D)