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: issue in question.” Bradley Ventures, Inc. v. Farm Bureau Mut. Ins. Co. of Ark., 371 Ark. 229, 264 S.W.3d 485, 490 (2007). UAMS maintains that collateral estoppel applies to Dodson I and II, barring both of Dodson’s pending claims, but our discussion is considerably narrower. First, I would set aside Dodson I because I am uncertain that the court’s relevant finding was “essential to the judgment.” Powell, 289 S.W.3d at 444. Second, I would set aside Count II, which is Dodson’s impliedeontract claim. Importantly, Count II is premised on UAMS’s conduct after Dodson II, i.e., sending Dodson bills for the embryo storage fees, and therefore cannot be precluded by the earlier chancery court decision. See Ripplin Shoals Land Co. v. U.S. Army Corps of Eng’rs, 440 F.3d 1038, 1044 (8th Cir.2006) (<HOLDING>); cf. id. at 1042 (“[R]es judicata does not 
 Holding statements: (A) holding that an assignment does not modify the terms of the underlying contract (B) recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment (C) holding that a prior judgment regarding a permit to modify an existing bridge does not preclude a plaintiff from challenging a decision on a new application describing and a different bridge design (D) holding that district court did not abuse its discretion in refusing to permit a design defect products liability expert to submit an untimely addendum stating a new claim of failure to warn after defense expert refuted the basis of original design defect opinion (E) holding untimeliness of motion to modify medical insurance payment did not preclude motion to modify maintenance

A: holding that an assignment does not modify the terms of the underlying contract
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Q: 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

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
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Q: him his constitutional right to counsel by permitting counsel to withdraw and by adjudicating the claims presented in his pro se PCRA petition. He cites testimony from a previous hearing conducted on August 30, 2012, during which Appellant expressed his desire for counsel and the PCRA court categorized some of his pro se arguments as “unintelligible.” N.T., Aug. 30, 2012, at 11. According to Appellant, if his pro se petition was unintelligible, the court had a constitutional duty in this capital case to appoint qualified counsel so that the issues could be identified more clearly, rather than proceed to address and reject them as presented, resulting in a complete denial of counsel. See Brief for Appellant at 17-18 (citing Commonwealth v. Padilla, 622 Pa. 449, 80 A.3d 1238, 1253 (2013) (<HOLDING>); and Commonwealth v. Albrecht, 554 Pa. 31, 720 
 Holding statements: (A) holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel (B) recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel (C) holding that a criminal defendant has a sixth amendment right to counsel at trial (D) holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage (E) holding that a conviction will generally be vacated for a violation of the sixth amendment right to counsel only where the reliability of the trial has been undermined but prejudice is presumed where the defendant suffers a complete denial of counsel during a critical stage of trial

A:
holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel
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