instruction:
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.
question:
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
answer:
holding that an assignment does not modify the terms of the underlying contract


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century context. We hold, therefore, that a plaintiff may not recover for mental anguish for a potential injury to her unborn child that is wholly unsupported by any physical suffering during and after the incident in question and that explicitly has been ruled out by routine medical diagnostics. We are mindful of the fact, however, that pregnancy and childbirth continue to pose great mysteries that escape complete comprehension and control, and that carry risks with them, which, despite the latest advancements in medical research and technology, cannot be fully assessed. This has led some of our sister states to sustain their holdings in cases involving mental anguish suffered by pregnant women in recent decisions. See, e.g., Simons v. Beard, 188 Or.App. 370, 72 P.3d 96 (2003) (<HOLDING>). We emphasize that in an appropriate case this 
 Holding statements: (A) holding that a woman who was six months pregnant at the time of the accident was permitted to recover damages for her apprehension that her child may be born dead or deformed as a result of striking her abdomen against the steering wheel in the accident (B) holding that a pregnant woman whose baby died just before being born as a direct result of defendantdoctors negligence was permitted to recover damages for her apprehension about the childs wellbeing before death after she learned that the baby was in a transverse position across the upper part of the birth canal and defendant did not undertake any steps to correct the position until after the baby had died (C) holding female supervisors alleged comments that she did not want to add stress to the baby were sufficient direct evidence in a pregnancy discrimination mixed motives case (D) holding woman who claimed she was terminated after giving birth because she became pregnant was part of the protected class (E) holding that there was sufficient evidence to show that the victim suffered before she died based on numerous bruises on her forearms that appeared to be defensive wounds and the large amount of blood found at the scene of the crime indicating that many of the wounds were inflicted before the victim died
answer:
holding that a woman who was six months pregnant at the time of the accident was permitted to recover damages for her apprehension that her child may be born dead or deformed as a result of striking her abdomen against the steering wheel in the accident


question:
is "plainly erroneous or inconsistent with the guidelines.” United States v. Urias-Escobar, 281 F.3d 165, 167 (5th Cir.2002). 5 . This apparent error is further illuminated by the history of § 3B1.1. The Guideline was amended in 1993 to include Note 2 in order to resolve a circuit split over the same interpretation at issue here: whether management of assets warranted an adjustment. U.S.S.G. app. C, amend. 500; compare, e.g., United States v. Carroll, 893 F.2d 1502 (6th Cir.1990) (requiring a degree of control over other participants), United States v. Fuller, 897 F.2d 1217 (1st Cir.1990) (same), United States v. Mares-Molina, 913 F.2d 770 (9th Cir.1990) (same), and United States v. Fuentes, 954 F.2d 151 (3d Cir.1992) (same), with United States v. Chambers, 985 F.2d 1263 (4th Cir.1993) (<HOLDING>). 6 . See United States v. Ramos-Paulino, 488 
 Holding statements: (A) holding that factor 10 should not be applied when the victim is the only one at risk (B) recognizing that the governments failure to prevail is a factor that may be considered (C) holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered (D) holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment (E) holding that guidelines although advisory and only one factor among others to be considered in arriving at a reasonable sentence are entitled to substantial weight in the sentencing decision
answer:

holding that factor 10 should not be applied when the victim is the only one at risk