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 Input:
the sophisticated user defense, a supplier has no duty to warn the ultimate user if it has reason to believe that the user will realize its dangerous condition. Gray v. Badger Mining Corp., 676 N.W.2d 268, 276 (Minn.2004); see also Ritchie v. Glidden, 242 F.3d 713, 724 (7th Cir.2001) (stating, under Indiana law, that the sophisticated purchaser defense to a failure-to-warn claim brought under negligence or strict liability theories provides that product suppliers do not have a duty to warn employees or customers of knowledgeable industrial purchasers as to product-related hazards). In addition to limiting a supplier’s duty, the “sophisticated user” concept also affects the element of proximate cause. Crook v. Kaneb Pipe Line Operating P’ship, L.P., 231 F.3d 1098, 1102 (8th Cir.2000) (<HOLDING>); Strong, 667 F.2d at 688 (“Even if [the 
 Holding statements: (A) holding that negligence must be the proximate cause of injury (B) holding in a negligence action that the air traffic controllers failure to warn of an impending danger cannot be the proximate cause of an injury after the pilot himself discovered its presence appreciated the danger and decided to fly ahead into it (C) holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible (D) holding that if a user actually knows of the danger a failure to warn cannot be a proximate cause of the injury (E) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury

Ex Output:
(D)


Ex Input:
but rather whether there is at least one common question that will generate a common answer “apt to drive the resolution of the litigation.” Wal-Mart, 131 S.Ct. at 1225 (internal quotation marks and citation omitted); see also Wang, 737 F.3d at 544 (“[s]o long as there is even a single common question, a would-be class can satisfy the commonality requirement of Rule 23(a)(2).”). Here, the question of whether using the name-only matching logic assures maximum accuracy is such a question. See Acosta v. Trans Union LLC, 243 F.R.D. 377, 384 (C.D.Cal.2007) (common question of whether defendants maintained reasonable procedures to assure maximum accuracy satisfied commonality prerequisite); Clark v. Experian Information Solutions, Inc., 2001 WL 1946329, at *2 (D.S.C. March 19, 2001) (<HOLDING>). Rule 23(a)(2) is satisfied for the FCRA 
 Holding statements: (A) holding that the defendant conceded the accuracy of his prior convictions in his psi report by failing to object to the report (B) holding that certain information on police blotter show up and arrest sheets and front page of offense report are public information (C) holding that the plaintiff sufficiently pleaded a violation of the fcra based on extraneous information where it was alleged that the document included broad language regarding disclosure of the information the accuracy of the information the consequences of providing a false statement and the effect of a photocopy (D) holding that question of what reasonable procedures if any have been set up by the defendants to assure maximum accuracy of the information contained in the consumer report including information regarding or related to bankruptcy among other questions satisfied the commonality requirement of rule 23a2 (E) holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments

Ex Output:
(D)


Ex Input:
as saying, “[m]y feeling is, if I’m going to sentence someone to state prison or county jail it should always be followed by probation.” Martin v. State, 804 So.2d 360, 362 (Fla. 4th DCA 2001). When the court indicated that such a motion must be in writing, defense counsel asked for time to file a written motion. The court denied the request and sentenced him to a five year prison term. Subsequently, Tyler filed the motion to recuse in -writing. The court denied the motion, finding that it was legally insufficient. The court also denied a motion to correct sentence, which was based on the motion to disqualify. Denial of a motion for continuance for the purpose of filing a written motion to recuse is an abuse of discretion. See Reynolds v. State, 568 So.2d 76, 78 (Fla. 1st DCA 1990)(<HOLDING>). Clearly, an oral motion is insufficient. 
 Holding statements: (A) holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing (B) holding that appellant did not preserve error because he failed to obtain ruling on motion for continuance (C) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form (D) holding it was error for trial court not to grant a continuance when appellant moved in open court to disqualify judge or in the alternative for a continuance to file a proper motion (E) holding the record open for additional testimony amounts to a continuance

Ex Output:

(D)