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: of the contract, the plaintiffs claim will only sound in contract. Id. In operation, the rale restricts contracting parties to contractual remedies for those economic losses associated with the relationship, even when the breach might reasonably be viewed as a consequence of a contracting party’s negligence. See Jim Walter Homes, Inc. v. Reed, 711 S.W.2d 617, 618 (Tex.1986) (“When the injury is only the economic loss to the subject of a contract itself, the action sounds in contract alone.”). In other words, the economic loss rule precludes recovery of economic losses in negligence when the loss is the subject matter of a contract between the parties. Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282, 285 (T .3d 355, 378 (Tex.App.-Fort Worth 2012, pet. denied) (<HOLDING>). Therefore, we overrule JP Morgan’s fifth 
 Holding statements: (A) holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract (B) holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property  damage claims (C) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (D) holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement (E) holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract

SOLUTION: (D)

PROBLEM: any physician that described her as obese, much less gave an opinion that her weight imposed additional limitations upon her or exacerbated her other conditions. Therefore, even if Reynolds’ silence on the issue of obesity is not deemed to waive consideration of that issue, it does not appear that evidence existed regarding her obesity that the ALJ should have considered. The ALJ also did not err in assessing Reynolds’ credibility. An ALJ is in the best position to observe witnesses’ de meanor and to make an appropriate evaluation as to their credibility. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 531 (6th Cir.1997). Therefore, an ALJ’s credibility assessment will not be disturbed “absent compelling reason.” Smith v. Halter, 307 F.3d 377, 379 (6th Cir.2001); Walters, 127 F.3d at 531 (<HOLDING>). In making a credibility determination, Social 
 Holding statements: (A) holding that agency interpretation which is reasonable is entitled to deference (B) holding that the courts conclusion that transfer was appropriate is to be accorded great deference (C) holding that the district courts credibility assessments are entitled to deference and reviewed for clear error (D) recognizing aljs credibility assessment is entitled to great weight and deference (E) holding that an unambiguous plea agreement is entitled to great evidentiary weight

SOLUTION: (D)

PROBLEM: This substance abuse, the report continued, “seems to have had an exacerbating effect on the grandiose and persecutory beliefs that Doug began to develop during the mid-1970s.” Thus, Mickey is simply incorrect that there was undiscovered evidence of pre-drug abuse psychiatric disturbance for counsel to investigate. The same is true of the new social history with respect to the purported abuse. It is black-letter law that counsel cannot be found deficient for believing what his client plausibly tells him: “when a defendant has given counsel reason to believe that pursuing certain investigations would be fruitless or harmful, counsel’s failure to pursue those investigations may not later be challenged as unreasonable.” Strickland, 466 U.S. at 691, 104 S.Ct. 2052; Cox, 588 F.3d at 1048-49 (<HOLDING>); Raley v. Ylst, 470 F.3d 792, 803 (9th 
 Holding statements: (A) holding that defendants failure to obtain counsel despite opportunities to do so implied a waiver of counsel (B) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (C) holding that an ambiguous mention of an attorney is not a request for counsel (D) holding that trial counsel will not be convicted of ineffective assistance of counsel for failure to engage in futile acts (E) holding counsel not responsible for defendants failure to mention abuse

SOLUTION:
(E)