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.

Ex Input:
Center. v. National League of Postmasters of U.S., 497 F.3d 972, 974-75 (9th Cir.2007) (finding that Cedars-Sinai’s claims were not preempted because they were “predicated not on the [service benefits] plan” but on a separate contract between the carrier and the medical services provider). Plaintiffs claim that Plaintiff never received compensation for the emergency care of B.G. directly relates to the processing and administration of the enrollee’s covered claims which is governed by the Service Benefits Plan and the Contract between Blue Shield and OPM. Any obligation that Blue Shield could have to pay Plaintiff stems directly from the B.G.’s enrollment in the Service Benefit Plan and directly relates to the payment of B.G.’s benefits under the plan. See Hayes, 819 F.2d at 926 (<HOLDING>); Botsford, 314 F.3d at 396 (“Because the 
 Holding statements: (A) holding that tort claims arising out of the manner in which a benefit claim is handled are preempted by fehba (B) holding that breach of fiduciary duty claim was preempted by fehba (C) holding state law claims arising out of unions refusal to readmit union members preempted by  301 (D) holding that fehba does not completely preempt state law (E) holding that the plaintiffs state law claims are preempted by federal law

Ex Output:
holding that breach of fiduciary duty claim was preempted by fehba


Ex Input:
supervising, or otherwise controlling the agent” in addition to any vicarious liability that may be imposed via the agent’s actions. We hold that plaintiffs under the ICRA may proceed against the employer on either a direct negligence or vicarious liability theory for supervisor harassment in a hostile-work-environment case. The Faragher-Ellerth affirmative defense, with the burden of proof on the employer, applies only to claims of vicarious liability. Ellerth, 524 U.S. at 764, 118 S.Ct. at 2270 (adopting affirmative defense “in order to accommodate the agency principle of vicarious liability for harm caused by misuse of supervisory authority” (emphasis added)); accord Faragher, 524 U.S. at 807, 118 S.Ct. at 2292; see also Johnson v. Shinseki, 811 F.Supp.2d 336, 348 n.2 (D.D.C. 2011) (<HOLDING>); Swinton v. Potomac Corp., 270 F.3d 794, 803 
 Holding statements: (A) holding that the victims negligence is not a defense to criminal conduct (B) holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied (C) holding because the court applied the negligence standard the faragher defense is inapplicable (D) holding that equitable defense of laches is inapplicable to claims of fraud (E) holding that even though the court does not usually apply the clearly erroneous standard to mixed questions of fact and law this standard is properly applied to the materiality issue

Ex Output:
holding that the victims negligence is not a defense to criminal conduct


Ex Input:
v. Pennsylvania State Ethics Comm ’n, 732 A.2d 174 (Pa. 1999) (citing Kapres v. Heller, 640 A.2d 888 (Pa. 1994)). Summary judgment is proper only when the uncontroverted allegations of record and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. Potter v. Herman, 762 A.2d 1116, 1117 (Pa. Super. 2000). To dispose of the pending motion for summary judgment in an efficient manner, the court will first address LaS cola’s challenge to improper and untimely service of process. A party who fails to object to service of process in the form of preliminary objections waives that claim. Cinque v. Asare, 585 A.2d 490, 492 (Pa. Super. 1990); Martin v. Gerner, 481 A.2d 903, 907 (Pa. Super. 1984) (<HOLDING>). LaScola’s current counsel filed an entry of 
 Holding statements: (A) holding that defects in service of process must be raised in preliminary objections (B) holding that when defects in a petition raise a question of the trial courts subject matter jurisdiction over the action the issue may properly be raised for the first time on appeal (C) holding that a hearing must be held to determine credibility in preliminary injunction cases (D) holding that removing defendant could not establish fraudulent joinder based on waivable defenses of lack of personal jurisdiction or defects in service of process available only to joined defendants (E) holding that former husband waived any defects in service of process by appearing at the first contempt proceeding

Ex Output:

holding that when defects in a petition raise a question of the trial courts subject matter jurisdiction over the action the issue may properly be raised for the first time on appeal