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.

removal purposes. Instead, for complete preemption to apply, the cause of action not only must be preempted by ERISA but also must fall within the scope of the civil enforcement provisions of ERISA § 502(a), 29 U.S.C. § 1132(a). See Aetna Health, 542 U.S. at 209, 124 S.Ct. 2488 (“[A]ny state-law cause of action that duplicates, supplements, or supplants the ERISA civil enforcement remedy conflicts with the clear congressional intent to make the ERISA remedy exclusive and is therefore preempted. The preemptive force of ERISA § 502(a) is still stronger.... Hence, causes of action within the scope of the civil enforcement provisions of § 502(a) [are] removable to federal court.” (internal quotation marks and citations omitted)); Metro. Life Ins. Co., 481 U.S. at 62-63, 67, 107 S.Ct. 1542 (<HOLDING>); Da-Ponte v. Manfredi Motors Inc., 157 Fed. 
 Holding statements: (A) holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under  1132a1b (B) holding that erisa permits suits to recover benefits only against the plan as an entity and thus the beneficiary had erred by suing her exhusbands employer and plan administrator when proper party would have been the benefits plan itself (C) holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under  502e of erisa over a suit brought by such a plan (D) holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court (E) holding that suit by a beneficiary to recover benefits from a covered plan  falls directly under  502a1b of erisa and therefore was necessarily federal in character and subject to removal to federal court
(E)

before it was in assumpsit for attorney fees purposes. See Schulz, 67 Haw. at 436, 690 P.2d at 282. Although Higa is not directly on point, its reasoning is a compelling indication of how the Hawaii Supreme Court would rule on the attorney fee question before us. The plaintiffs also seek to distinguish Higa because it involved a client suing his own attorney, and thus in that case there was privity of contract between the two parties. In the present case, Mrs. Helfand was a third-party beneficiary to the contract between the defendants and Mr. Helfand. This distinction is irrelevant. Courts have extended the right to sue for breach of contract to intended third-party beneficiaries. See, e.g., Dawes v. First Ins. Co. of Hawai'i, 77 Hawai'i 117, 128 n. 12, 883 P.2d 38, 48 n. 12 (1994) (<HOLDING>); Hunt v. First Insurance Co. of Hawaii, 82 
 Holding statements: (A) holding that thirdparty claimants are intended beneficiaries under optional automobile liability insurance policies (B) recognizing common law cause of action as thirdparty beneficiary (C) holding that the shareholders were not thirdparty beneficiaries because they were not directly benefited by the contract between the government and the thrifts (D) recognizing noncontracting parties rights as thirdparty beneficiaries of an insurance contract (E) holding that shareholders lack standing to sue as thirdparty beneficiaries to allegedly breached contract unless the contract indicates the intent to benefit them directly independently of their shareholder status
(D)

at 1034-35, we are compelled by our precedent to decide the Eleventh Amendment issue first. See Martin v. Kansas, 190 F.3d 1120, 1126 (10th Cir.1999) (“Because the State’s assertion of Eleventh Amendment immunity challenges the subject matter jurisdiction of the district court, the issue must be resolved before a court may address the merits of Martin’s underlying ADA claim.”), overruled on other grounds by Bd. of Trustees of the Univ. of Ala. v. Garrett, 531 U.S. 356, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001). Once effectively raised, the Eleventh Amendment becomes a limitation on our subject-matter jurisdiction, and we may not then assume “hypothetical jurisdiction” to reject a plaintiffs claim on the merits. Id.; cf. Fent v. Okla. Water Res. Bd., 235 F.3d 553, 558-59 (10th Cir.2000) (<HOLDING>). Some statutory questions are both logically 
 Holding statements: (A) holding that failure to allege plaintiffs citizenship in notice of removal amounted to defect in removal procedure under former version of 28 usc  1447c (B) holding that under 28 usc  1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court (C) holding that a proper eleventh amendment challenge strips the courts of jurisdiction for the purposes of the removal statute 28 usc  1447c (D) holding that the supreme court of pennsylvania is a state entity for purposes of the eleventh amendment (E) holding that a county is not an arm of the state for purposes of the eleventh amendment

(C)