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.

Q: class’s claims, its interests are not antagonistic to the class, and its chosen counsel are qualified and competent. The Court also notes that the members of the aptly-named Pension Fund Group are public institutional investors, which comports with the PSLRA’s expressed preference for such lead plaintiffs. The PSLRA’s legislative history explains as follows: “[t]he pension funds accounting for $4.5 trillion or nearly half of the institutional assets, in many cases the beneficiaries of pension funds — small investors — have the greatest stake in the outcome of the lawsuit.” H.R. Conf. Rep. No. 104-369, at 34 (1995), reprinted in 1995 U.S.C.C.A.N. 730-34; see also In re Vicuron Pharm. Sec. Litig., NO. CIV. A.04-2627, 225 F.R.D. 508, 511, 2004 WL 2983940, at *3 (E.D.Pa. Oct.7, 2004) (<HOLDING>); see also In re Royal Ahold N.V. Sec. & ERISA 
 Holding statements: (A) holding on motion for preliminary injunction that balance of hardships tipped in favor of public (B) holding that where the issue is one of arbitrability the federal presumption in favor of arbitration shifts to favor a court determination (C) holding that one candidates status as a pension fund tipped the scales in favor of its appointment as lead plaintiff (D) holding that an employees protected interest in a pension vested before he or she became eligible to collect the pension (E) holding that the employers insidious pattern of seeking to tip the scales in its favor during employment disputes justified a decision to declare the entire agreement unenforceable

A: (C)
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Q: to raise any claim contesting Defendants’ entry into her home or taking of photographs, and she cannot add such a claim at this stage of the litigation. To the extent Plaintiff contends that the photographs are inadmissible pursuant to the exclusionary rule, the court disagrees — there is no indication of an illegal search in any of Plaintiff's filings. It appears that Plaintiff voluntarily permitted Defendants to enter the home. After entering the home, the officers were entitled to photograph objects in their plain view, and they were also permitted to photograph evidence they viewed from outside the residence, such as the window screens. See Wilson v. Supt., Attica Corr. Facility, No. 00-CV-0767 (NAM)(GLS), 2003 WL 22765351, at *8 (N.D.N.Y. Nov. 24, 2003) (report and recommendation) (<HOLDING>), adopted, Order, 00-CV-0767 (NAM)(GS) 
 Holding statements: (A) holding seizure of evidence in plain view reasonable under fourth amendment (B) holding that visible contraband in plain view within the apartment provided probable cause for an arrest of person found therein (C) holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building (D) holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found (E) holding that photographs taken of items outside defendants apartment that were in plain view of the officer were properly admitted

A: (E)
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Q: the details of the government’s arguments on these grounds. Instead, we hold that Harrison has, by stipulating, waived any right to contest the absence of proof on the stipulated elements. This waiver theory of stipulations has been addressed by a number of our sister circuits, and although the government does not directly advance it in this case, it is necessarily raised by the nature of the appeal. By failing to advance it explicitly, we could perhaps construe the government’s brief as having waived the waiver theory argument, but we will reach the issue because it is squarely presented by this ease and was relied upon by the trial court. See, e.g., United States Nat’l Bank of Or. v. Independent Ins. Agents of Am., Inc., 508 U.S. 439, 445-49, 113 S.Ct. 2173, 124 L.Ed.2d 402 (1993) (<HOLDING>). As the Supreme Court stated in Kamen v. 
 Holding statements: (A) holding that the court has discretion not to consider an issue abandoned on appeal (B) holding that an appellate court has discretion to consider an issue not argued by the parties (C) holding that an appellate court may not consider an issue not presented to the trial judge on appeal from final judgment on the merits (D) holding that an appellate court cannot consider an issue that was not preserved for appellate review (E) holding that an issue first argued in a reply brief is not properly before a court of appeals

A:
(B)
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