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.

Example Input: of Liability Provisions SBVS argues that Plaintiffs are not entitled to lost rent or diminution in value damages because both of the Agreements contain provisions barring the award of consequential damages. The Court concludes that the enforceability of these provisions turns on disputed facts and, therefore, that summary judgment on this issue is improper. Generally, provisions limiting liability in construction contracts are enforceable under California law so long as the parties negotiated and expressly agreed to the limitations. See Cal. Civ.Code § 2782.5. However, such a provision is unenforceable if it is unconscionable or otherwise contrary to public policy. Markborough California, Inc. v. The Superior Court of Riverside County, 227 Cal.App.3d 705, 715, 277 Cal.Rptr. 919 (1991) (<HOLDING>). Under § 1668 of the California Civil Code, 
 Holding statements: (A) holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity (B) holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant (C) holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract (D) holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract (E) holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity
Example Output: (E)

Example Input: is correct. We will also assume that the court’s erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR’s statement that he “recruited Wornick and Sella” into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, “[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes.” United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant’s recruitment of co-conspirators supports a § 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304 
 Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under  3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under  3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under  3blla in part because he recruited coconspirators
Example Output: (E)

Example Input: Equivalents. As a jury has been demanded, only a jury can resolve the conflicting views of the experts in this non-obvious and extremely complicated patent dispute. “Summary judgment is as available in patent cases as in other areas of litigation.” See Continental Can Co. v. Monsanto Co., .948 F.2d 1264, 1265 (Fed.Cir.1991) (citation omitted); see also Bayer AG v. Elan Pharmaceutical Research Corporation, 212 F.3d 1241 (Fed.Cir.2000); Vivid Techs., Inc. v. American Science & Eng’g, Inc., 200 F.3d 795 (Fed.Cir.1999). However, I tend to agree with those of my confreres who have held that, in general, summary judgment is appropriate only in cases where the technology at issue is relatively simple and straightforward. See Amhil Enterprises, Ltd. v. Wawa, Inc., 81 F.3d 1554 (Fed.Cir.1996) (<HOLDING>); Palumbo v. Don-Joy Co., 762 F.2d 969 
 Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding that summary judgment is not appropriate if there is a genuine dispute about a material fact (C) holding that summary judgment was appropriate because no genuine issue of material fact existed and no expert testimony was required to explain the nature of the patented invention but observing that district courts should approach summary judgment motions in patent cases with great care (D) holding that the district court did not err in granting summary judgment since the physical evidence and unrebutted expert testimony left no genuine issue of material fact (E) holding that when there are no genuine issues of material fact summary judgment is appropriate
Example Output:
(C)