TASK DEFINITION: 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.
PROBLEM: an individual has adequately stated a pri-ma facie claim. Cf. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1334 (9th Cir.1995) (“An inquiry into the reasonableness of procedures ... belies a claim that liability under [15 U.S.C.] § 1681e(b) must be predicated on the effect of that information once disseminated .... The district court was required to consider whether [the defendant] was liable under § 1681e(b) before it determined that [the plaintiff] had suffered no recoverable damages.”). Several courts have previously recognized the possibility that a claim for actual or compensatory damages under FCRA may include compensation for emotional distress in the absence of physical injury or out-of-pocket expenses. See, e.g., Bakker v. McKinnon, 152 F.3d 1007, 1013 (8th Cir.1998) (<HOLDING>); Philbin v. Trans Union Corp., 101 F.3d 957, 
 Holding statements: (A) holding in a fcra case that plaintiffs may not rely on mere  conclusory statements  rather they must  sufficiently articulate  true demonstrable emotional distress  including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any (B) holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress (C) holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless (D) holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss (E) holding that even in the absence of outofpocket expenses or costs incurred the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified about how they felt when appellant obtained their credit reports and violated their privacy thereby causing them some emotional distress

SOLUTION: (E)

PROBLEM: a right to enjoy over the land of another for the benefit of the easement holder’s land, but it does not create an interest in the land itself." (footnote omitted; emphasis added)). 2 . 25 Am. Jur. 2d Easements and Licenses § 100 (2004) (footnotes omitted); see Cameron v. Barton, Ky., 272 S.W.2d 40, 42 (1954) ("Appellant finally contends that the easement in controversy was extinguished by merger when a former owner of the dominant estate bought an adjoining lot which offered a means of ingress and egress to and from the Highway Department’s property. The answer to this contention is that the doctrine of merger could not apply because the former owner of the dominant estate did not acquire the ser-vient estate." (emphasis added)); Sievers v. Flynn, 305 Ky. 325, 204 S.W.2d 364 (1947) (<HOLDING>); City of Franklin v. St. Mary's Roman Catholic 
 Holding statements: (A) holding that owners of a dominant estate had a duty to keep the easement in a proper state of repair to avoid damaging the servient estate through erosion (B) holding that the burden on the servient estate cannot be increased without the consent of the owners of the servient estate and that the owner of the dominant estate to which the appurtenant easement is attached has no power to convey or expand use of that easement in connection with a tract of land owned by another (C) holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership (D) holding that an express easement ran with the dominant estate (E) recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement

SOLUTION: (C)

PROBLEM: attention deficit disorder. I see these patients for their regular medical problems and provide their primary medical care. [Emphasis added.] Dr. Rushing’s report and curriculum vitae show that he was (a) actively and currently practicing medicine at the time it was written, (b) has actually treated and was currently treating patients being prescribed Adderall specifically for ADD, and (c) is board certified in internal medicine. Thus, he meets the requirements set forth in section 74.401(a) and (c) for being qualified to render an opinion as to the standard of care applicable to the treatment of a person diagnosed with ADD and being prescribed Adderall. See Tex. Civ. Prac. & Rem.Code Ann. § 74.401(a), (c); Terry A. Leonard, P.A., 293 S.W.3d at 677; cf. Barber, 303 S.W.3d at 795-96 (<HOLDING>). Appellants contend that because Dr. Rushing 
 Holding statements: (A) holding that a written report drafted by a person who is not properly qualified as an expert may not be considered as summary judgment evidence (B) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (C) holding that standard of care need not be listed separately in report when same standard applies to each health care provider (D) holding that anesthesiologist who had participated in numerous similar surgeries and had observed proper padding and positioning technique as part of surgical team was qualified to provide expert report as to standard of care applicable to general surgeon (E) holding anesthesiologist qualified to opine on conduct of surgeon in health care liability claim because anesthesiologists report tied his education training and experience to the specific alleged breach  the positioning and padding of a patient during surgery not the conduct of the actual operating techniques

SOLUTION:
(D)