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]: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
[A]: holding that the appellant waived an argument listed only in his summary of the argument


[Q]: susceptible to many meanings. Although there is no direct statement that Mooney failed to perform his duties with regard to assisting his clients with their investments, this is the clear import of the specific language used. “Only knew” clearly implies that Mooney knew nothing about anything else. What was implied in that statement is made express in the next — “didn’t know anything about investments.” “Hated helping clients” also unambiguously indicates that Mooney was not interested in executing his duties to his clients. These statements embody a “pejorative implication” that a reasonable listener would perceive “as an assertion that the [plaintiff] failed to perform his duties as an advisor.” Mehta v. Ohio Univ., 958 N.E.2d 598, 609 (Ohio Ct.App.2011); see Scott, 496 N.E.2d at 707 (<HOLDING>). The statement “invested her in all of the 
 Holding statements: (A) holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement (B) holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident (C) holding no error in rejecting the appellants proffered instruction even though that statement was based on language from case law when the amci instruction was a proper statement of the law (D) holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement (E) holding that hearing officer had no obligation under 38 cfr  3103c2 to advise appellant as to physicians statement because that statement would not have helped prove the claim  that is that statement would not have provided a nexus with the veterans service
[A]: holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement


[Q]: may be proper where the defendant shows that undisputed facts negate any one element of a cause of action. See Jones v. St. Charles County, 181 S.W.3d 197, 200 (Mo.App. E.D.2005). Missouri Approved Instruction (“MAI”) 26.01 sets out the required elements for a breach of unilateral contract claim. MAI—Civil 6th 26.01; Cf. Gramex Corp. v. Green Supply, Inc., 89 S.W.3d 432, 441 (Mo. banc 2002) (stating that MAI 25.04 sets out the required elements for a products liability claim). Analyzing the summary judgment decision in this case under the elements set forth in MAI 26.01 is appropriate because Garst has no higher standard to survive summary judgment than is required to submit the claim to a fact finder. Cf. Daugherty v. City of Maryland Heights, 231 S.W.3d 814, 820 (Mo. banc 2007) (<HOLDING>). MAI 26.01, the verdict director for a breach 
 Holding statements: (A) holding that a district court may not grant summary judgment without giving plaintiff an opportunity to submit materials admissible in a summary judgment proceeding or allowing a hearing on defendants motion (B) holding that analyzing summary judgment decisions under the standards set forth in mai 3124 is appropriate because a plaintiff has no higher standard to survive summary judgment than is required to submit the claim to a jury (C) holding summary judgment appropriate where plaintiff failed to establish product identification (D) holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment (E) holding because trial court fully considered plaintiffs response to summary judgment motion failure to render summary judgment without notice or hearing harmless thus trial court was not required to vacate the summary judgment and then reinstate it to accomplish the same end
[A]:
holding that a district court may not grant summary judgment without giving plaintiff an opportunity to submit materials admissible in a summary judgment proceeding or allowing a hearing on defendants motion