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.

Input: Consider Input: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

Output: (E)


Input: Consider Input: Ms. Goren bases her statement of facts on her second amended complaint. That complaint, however, is not before this court. On September 3, 1997, the district court entered a judgment dismissing Ms. Goren’s complaint. Ms. Goren subsequently filed a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to alter or amend judgment to permit filing of a second amended complaint. Ms. Goren attached her proposed second amended complaint to that motion. On October 23, 1998, the court entered an order denying Ms. Goren’s motion. In her opening brief, Ms. Goren devoted nearly her en tire argument to the district court’s decision dismissing her amended complaint. Indeed, there is no “Issue Presented" or meaningful argument regarding the district court’s denial of Ms. Goren’s 93) (<HOLDING>). 5 . At oral argument, Ms. Goren’s counsel 
 Holding statements: (A) holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance (B) holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct  the legal entities he represented to engage in particular transactions (C) holding that appellant forfeited his complaint regarding his sentence because he did not object at trial (D) holding that the defendant had abandoned any possessory or privacy interest in bags found in the truck he was driving where he stated that he did not own the bags did not know who did and did not know what was in them (E) holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

Output: (B)


Input: Consider Input: is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.”); cf. Blomdahl v. Blomdahl, 2011 ND 78, ¶¶ 6-8, 796 N.W.2d 649 (contempt proceedings under N.D.C.C. § 14-05-25.1 held not an “action upon the judgment” under N.D.C.C. § 28-01-15(1)). [¶ 12] Because the statutory procedure for renewal by J11, 2007 WL 1453132, at *1 (Bankr.N.D.Cal. May 17, 2007) (stating Burk did not even consider § 108(c)). But see Autoskill Inc. v. National Educ. Support Sys., Inc., 994 F.2d 1476,1483 n. 3 (10th Cir.1993) (agreeing with Burk that § 108(b) applies to filing of a notice of appeal); Di Maggio v. Blache, 466 So.2d 489, 490-91 (La.Ct.App.1985) (<HOLDING>). [¶ 15] In support of its position that 
 Holding statements: (A) holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal (B) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (C) holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal (D) holding  108b2 extended unexpired period for filing appeal but holding appeal was untimely (E) holding 11 usc  108b2 applied to extend unexpired 60day period to file notice of appeal to 60 days after order for relief but that appeal was untimely


Output: (D)