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]: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made
[EX A]: (E)

[EX Q]: to pay the purchase price. 3.Pursuant to the Securities Purchase Agreement, dated September 2, 2004, Mer-vyn's Holdings purchased 100% of the interests in Holdings I and Holdings II for $429,746,414,84. At the closing, Mervyn’s Holdings used these funds to pay the purchase price. (Am.Compl.$ 58). 5 . Brandt v. Trivest II, Inc. (In re Plassein Int’l Corp.), 352 B.R. 36, (Bankr.D.Del.2006) ("Accordingly, the Court joins with those decisions that have (either implicitly or explicitly) evaluated fraudulent transfer complaints using Rule 8(a)(2)’s notice pleading standard”) Id. at 40-41. See. e.g., Giuliano v. U.S. Nursing Corp. (In re Lexington Healthcare Group, Inc.), 339 B.R. 570, 574-75 (Bankr.D.Del.2006) (applying "liberal notice pleading standard”); AstroPower, 335 B.R. at 333 (<HOLDING>); Official Comm, of Unsecured Creditors v. DVI 
 Holding statements: (A) holding despite collective allegations in complaint the complaint was not deficient under rule 8a because it stated with sufficient particularity facts establishing a causal connection between the defendants actions and the constitutional deprivation (B) holding that a fraudulent transfer complaint need only set forth the facts with sufficient particularity to apprise the defendant fairly of the charges made against him (C) holding that the fraud claims against the defendant should not have been dismissed as the complaint provided him with fair notice of the claims made against her (D) holding that the information must set forth each element of the crime that it charges as well as fairly inform a defendant of the charge against which he must defend (E) holding that a criminal defendant is entitled to know the charges against him and to be tried solely upon the charges against him internal quotation marks and citation omitted
[EX A]: (B)

[EX Q]: a permissive appeal, pursuant to Rule 5, Ala. R.App. P. On October 27, 2014, this Court granted the petition for a permissive appeal to address whether Goldthwaite’s nuisance claims are preempted by the ICCTA. Standard of Review “This Court reviews de novo a trial court’s conclusions of law. See State Farm Mut. Auto. Ins. Co. v. Harris, 882 So.2d 849, 852 (Ala.2003). “‘The appropriate standard of review of a trial court’s denial of a motion to dismiss is whether “when the allegations of the complaint are viewed most strongly in the pleader’s favor, it appears that the pleader could prove any set of circumstances that would entitle [the pleader] to relief.” Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993); Raley v. Citibanc of Alaba Santa Fe Ry., 280 F.Supp.2d 919, 934-35 (D.S.D.2003)(<HOLDING>). Here, Goldthwaite seeks damages for the 
 Holding statements: (A) holding that the iccta preempted statelaw nuisance claim with respect to operation of side track (B) holding that the iccta preempted statelaw nuisance claim with regard to railway traffic (C) holding that the iccta preempted statelaw claims alleging tortious interference and seeking punitive damages (D) holding that the iccta preempted statelaw tortiousinterference claim (E) holding that the iccta preempted statelaw negligence and nuisance claims intended to interfere with railroads operation of switchyard
[EX A]:
(C)