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.

if the terms of the health care plan specifically exclude from coverage the cost of an appendectomy, then any injuries caused by the refusal to cover the appendectomy are properly attributed to the terms of the plan itself, not the managed care entity that applied those terms. 4 Respondents also argue that ERISA § 502(a) completely pre-empts a state cause of action only if the cause of action would be pre-empted under ERISA § 514(a); respondents then argue that their causes of action do not fall under the terms of § 514(a). But a state cause of action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress’ clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon, 498 U. S.133, 142 (1990) (<HOLDING>). 5 ERISA § 514(b)(2)(A), 29 U. S. C. § 
 Holding statements: (A) holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing cause of action for equitable estoppel under erisa (E) recognizing the cause of action
(C)

Dubé, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dubé issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant’s Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision’s factual findings, no presumption of validity attaches to the Commissioner’s conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own 
 Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact  (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted
(E)

all relevant issues at the termination stage."). 26 . See D.M., 995 P.2d at 209 ("[Alt the termination proceeding, a court could review the evidence offered at the adjudication hearing, and, applying the stricter proof standard, make supplemental findings satisfying the requirements for termination."). 27 . AS 47.17.290(9). 28 . The failure of the superior court to specify what subsection of the CINA statute it is proceeding under, let alone what paragraph of the subsection, does not constitute error so long as the court's factual findings support a determination that the child is in need of aid. See A.J. v. State, Dep't of Health & Soc. Servs., Div. of Family & Youth Servs., 62 P.3d 609, 613-14 (Alaska 2003). 29 . Cf. McCormick v. City of Dillingham, 16 P.3d 735, 743 (Alaska 2001) (<HOLDING>). 30 . See Martin N. v. State, Dep't of Health 
 Holding statements: (A) holding that conviction can be supported solely by circumstantial evidence (B) holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case (C) holding that plaintiff entitled to recover for changes not incorporated into contract under theory of breach (D) holding that where an express contract was in place between plaintiff and defendant that governed the compensation sought by plaintiff plaintiff may not recover under a theory of unjust enrichment (E) holding that so long as a complaint provides notice plaintiff can recover under any theory supported by the evidence

(E)