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.

[EX Q]: the sophisticated user defense, a supplier has no duty to warn the ultimate user if it has reason to believe that the user will realize its dangerous condition. Gray v. Badger Mining Corp., 676 N.W.2d 268, 276 (Minn.2004); see also Ritchie v. Glidden, 242 F.3d 713, 724 (7th Cir.2001) (stating, under Indiana law, that the sophisticated purchaser defense to a failure-to-warn claim brought under negligence or strict liability theories provides that product suppliers do not have a duty to warn employees or customers of knowledgeable industrial purchasers as to product-related hazards). In addition to limiting a supplier’s duty, the “sophisticated user” concept also affects the element of proximate cause. Crook v. Kaneb Pipe Line Operating P’ship, L.P., 231 F.3d 1098, 1102 (8th Cir.2000) (<HOLDING>); Strong, 667 F.2d at 688 (“Even if [the 
 Holding statements: (A) holding that negligence must be the proximate cause of injury (B) holding in a negligence action that the air traffic controllers failure to warn of an impending danger cannot be the proximate cause of an injury after the pilot himself discovered its presence appreciated the danger and decided to fly ahead into it (C) holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible (D) holding that if a user actually knows of the danger a failure to warn cannot be a proximate cause of the injury (E) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury
[EX A]: (D)

[EX Q]: an individual has adequately stated a pri-ma facie claim. Cf. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1334 (9th Cir.1995) (“An inquiry into the reasonableness of procedures ... belies a claim that liability under [15 U.S.C.] § 1681e(b) must be predicated on the effect of that information once disseminated .... The district court was required to consider whether [the defendant] was liable under § 1681e(b) before it determined that [the plaintiff] had suffered no recoverable damages.”). Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir.1998) (<HOLDING>); Philbin v. Trans Union Corp., 101 F.3d 957, 
 Holding statements: (A) holding in a fcra case that plaintiffs may not rely on mere  conclusory statements  rather they must  sufficiently articulate  true demonstrable emotional distress  including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any (B) holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress (C) holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless (D) holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss (E) holding that even in the absence of outofpocket expenses or costs incurred the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified about how they felt when appellant obtained their credit reports and violated their privacy thereby causing them some emotional distress
[EX A]: (E)

[EX Q]: 25 N.Y.2d 112, 119, 302 N.Y.S.2d 799, 803, 250 N.E.2d 214 (1969)). The parties' briefs assume that New York law applies to plaintiffs’ state law claims. Such "implied consent ... is sufficient to establish choice of law.” Motorola Credit Corp. v. Uzan, 388 F.3d 39, 61 (2d Cir.2004) (citing Krumme v. WestPoint Stevens, Inc., 238 F.3d 133, 138 (2d Cir.2000)). 131 . E.g., Remington Rand Corp. v. Amsterdam-Rotterdam Bank, N.V., 68 F.3d 1478, 1483 (2d Cir.1995). 132 . E.g., Manela v. Garantia Banking, 5 F.Supp.2d 165, 178-79 (S.D.N.Y.1998). As with Rule 10b-5, knowledge or recklessness is sufficient to satisfy the scienter element for common law fraud. See, e.g., Suez Equity Investors, 250 F.3d at 104-05. 133 . E.g., Cont'l Ins. Co. v. Mercadante, 222 A.D. 181, 225 N.Y.S. 488 (1927) (<HOLDING>); In re WorldCom, Inc. Sec. Litig., No. 02 Civ. 
 Holding statements: (A) recognizing cause of action where plaintiffs allege fraud in inducing not the purchase of the bonds but their retention after purchase (B) holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the  instrument (C) holding that where purchaser had taken possession and paid part of the purchase price the statute of frauds did not bar enforcement of a purchase agreement (D) recognizing cause of action (E) recognizing the cause of action
[EX A]:
(A)