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: and sold it to nonre-latives. We conclude that the evidence is not sufficient to rebut the presumption that the property is marital. The form of the transaction, while not dispositive, is compelling in the instant case because of Klem’s knowledge of, and experience with, joint tenancies. Klem was fully aware of how joint tenancies operated. As the husband of Hazel, he became the sole owner of Hazel’s family property as a surviving joint tenant, a fact he acknowledged during his deposition. Subsequent to his sole ownership of the property, he knowingly deeded the property to Larry and Colleen as joint tenants. In so doing, he gave both parties an interest in the property. See Melina v. Melina, 411 N.W.2d 204, 207 (Minn.App.1987); Erdahl v. Erdahl, 384 N.W.2d 566, 567 (Minn.App.1986) (<HOLDING>). Finally, also indicative of the donor’s 
 Holding statements: (A) holding that spouse could not claim exemption in property that was only property of other spouses estate (B) holding that devise of real estate to one spouse was nonmarital and noting that had testator intended such property to be devised as marital property he could have designated appellant as a joint tenant (C) holding money received from inheritance as nonmarital property presumptively became marital property when placed in joint account under arkansas law (D) holding that transferring joint property into one partys name for estate planning purposes does not convert marital property into nonmarital property (E) holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property

A: holding that spouse could not claim exemption in property that was only property of other spouses estate
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Q: as well as recent country reports and his own affidavit, the BIA did not abuse its discretion in concluding that he failed to provide sufficient evidence to support his allegation that conditions in China have materially changed. We have previously reviewed the BIA’s consideration of similar evidence in the context of an untimely motion to reopen and have found no abuse of discretion in its conclusion that such evidence was insufficient to establish changed conditions in China. Id. at 275 (noting that while the BIA must consider evidence such as “the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in summary fashion without a reviewing court presuming that it has abused its discretion”); Jian Huan Guan, v. BIA, 345 F.3d 47 (2d Cir.2003) (<HOLDING>). In addition, we find that the BIA did not 
 Holding statements: (A) holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children (B) holding that bia abused its discretion in denying motion to reopen (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children (E) holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it

A: holding that bia abused its discretion in denying motion to reopen
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Q: In contrast to these laws which have been found to have a tenuous connection with employee benefit plans, the Supreme Court has found that common law breach of contract and tort claims against an insurance company based on the improper processing of benefits is preempted. Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 47, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987). The Eleventh Circuit has further explained that section 514(a) has been interpreted to preempt certain state common law causes of action “whenever the alleged conduct at issue is intertwined with the refusal to pay-benefits.” Garren v. John Hancock Mutual Life Ins. Co., 114 F.3d 186, 187 (11th Cir.1997) (per curiam); see also Variety Children’s Hosp., Inc. v. Century Medical Health Plan, Inc., 57 F.3d 1040, 1042 (11th Cir.1995) (<HOLDING>); Howard v. Parisian, 807 F.2d 1560, 1564 (11th 
 Holding statements: (A) holding that fifra preempts state law failure to warn claims (B) holding that erisa preempts the texas dtpa because plaintiff relied on state law to advance his complaint that his benefits under the plan were terminated (C) holding erisa preempts state contract and tort actions based on improper processing of claims for benefits (D) holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans (E) holding that erisa preempts state law claims of fraud and misrepresentation that are based upon the failure of a covered plan to pay benefits

A:
holding that fifra preempts state law failure to warn claims
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