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.

Input: Consider Input: 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

Output: (E)


Input: Consider Input: basis in which defendants are considered. I question whether that concern for individuality exists under a system which not only admits expert testimony deduced without examining the subject but also, as in this case, accepts the possibility that jurors will allow that evidence, rather than factors more personal to a defendant’s crime and character, to effectively condemn that individual to death. 1 . As the Court of Criminal Appeals admitted, "the State’s case at [Flores’] punishment [hearing], to some extent, rested upon Dr. Griffith's testimony.” Flores v. State, 871 S.W.2d 83, 77 L.Ed.2d 1090 (1983) (allowing the use of psychological testimony on a defendant’s alleged "future dangerousness”); Penry v. Lynaugh, 492 U.S. 302, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (<HOLDING>); Franklin v. Lynaugh, 487 U.S. 164, 108 S.Ct. 
 Holding statements: (A) holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence (B) recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years (C) holding that the sentencing structure allowed the jury to give mitigating effect to petitioners prison record (D) holding that the key under pewy i  is that the jury be able to consider and give effect to a defendants mitigating evidence in imposing sentence (E) holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background

Output: (E)


Input: Consider Input: Both professionals advised Grisez that there was no basis for an insanity or diminished capacity defense. Under the applicable law, Grisez’s reliance on the experts’ opinions was justified. See Hendricks v. Calderon, 70 F.3d 1032, 1037-38 (9th Cir.1995); see also Wallace v. Stewart, 184 F.3d 1112, 1116-18 (9th Cir.1999). Although Grisez did not provide the experts with background information about Easley and his case, we have held that an attorney’s failure to volunteer information to an expert who does not ask for it does not show ineffective assistance at the guilt phase of a trial. See Wallace, 184 F.3d at 1118; Hendricks, 70 F.3d at 1037-38. Additionally, the defendant himself insisted on using an alibi defense. See Bean v. Calderon, 163 F.3d 1073, 1082 (9th Cir.1998) (<HOLDING>). Grisez’s performance in forgoing a mental 
 Holding statements: (A) holding that counsel was ineffective for failing to assert an entrapment defense that was legally available and where there was no other viable defense to present (B) holding that an attorney was ineffective for failing to pursue a voluntary intoxication defense because he did not understand the elements (C) holding that where defense turned on defendants credibility there could be no strategic basis for allowing jury to hear defendant had prior conviction for same offense for which he was being tried and concluding counsel rendered ineffective assistance (D) holding that a defendant abandons an issue for which no argument is offered on appeal (E) holding that there is no ineffective assistance if an attorney makes a strategic choice to pursue one defense and abandons a conflicting defense


Output: (E)