instruction:
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.
question:
The savings clause states that “[compliance with an order [under the MDA] shall not relieve any person from liability under Federal or State law.” 21 U.S.C.A. § 360h(d). While the savings clause almost certainly prohibits a holding that the MDA preempts all state law liability, our interpretation of § 360k(a) does not preclude all liability. Further, nothing in the savings clause suggests that some tort liability, as opposed to other types of liability, must be preserved. Interpreting the savings clause to preserve non-tort liability, such as contract liability, is not only permissible, but also comports with the Supreme Court’s interpretation of a savings clause in a recent preemption case. See American Airlines, Inc. v. Wolens, — U.S. -, -, 115 S.Ct. 817, 826, 130 L.Ed.2d 715 (1995) (<HOLDING>). Moreover, where the preemptive intent of 
 Holding statements: (A) holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs (B) holding consumer claims under the texas deceptive trade practices act nonassignable (C) holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions (D) holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act (E) holding that cjlaims for unfair competition and deceptive business practices involving trade names brought under illinois statutes are to be resolved according to the principles set forth under the lanham act and noting that illinois courts look to federal case law and apply the same analysis to state infringement claims
answer:
holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs


question:
Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
answer:
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them


question:
obligations potentially impact a recognized privilege, an in camera review is generally the preferred method for resolving the competing compulsions. R.C.M. 703(f)(4)(C) states that where the holder of evidence requests relief from compliance with a subpoena or order of production, the military judge may direct that evidence be submitted for an in camera review to determine whether such relief should be granted. In camera proceedings are specifically provided for in other situations involving privileged material. Both the Supreme Court and the Court of Appeals for the Armed Forces have approved of in camera review as a mechanism to resolve attorneys’ claims of privilege in criminal discovery matters. See United States v. Zolin, 491 U.S. 554, 568, 109 S.Ct. 2619, 105 L.Ed.2d 469 (1989) (<HOLDING>); Romano, 46 M.J. at 275 (holding that 
 Holding statements: (A) holding that the joint defense privilege preserved the attorneyclient privilege against waiver in the context of a group with common interests seeking common representation (B) holding that defendants privilege login combination with the in camera review requested by plaintiffsis adequate to determine whether the elements of the privilege have been established (C) recognizing privilege (D) holding that a complete prohibition against an opponents use of in camera review to establish the applicability of the crimefraud exception to the attorneyclient privilege is inconsistent with the policies underlying the privilege (E) holding that the information is not protected by attorneyclient privilege
answer:

holding that the joint defense privilege preserved the attorneyclient privilege against waiver in the context of a group with common interests seeking common representation