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: to that extent. Reed, supra, at 17, 104 S.Ct. 2901. The holding in Cage represents a degree of novelty sufficient to constitute cause. As such, Mercer has established cause to avoid otherwise procedurally defaulting on his claim challenging the reasonable doubt instruction. Sufficient prejudice to establish federal habeas jurisdiction also exists. In particular, the Supreme Court has held that the Fifth Amendment requirement of proof beyond a reasonable doubt in criminal cases is so intertwined with the Sixth Amendment right to a jury verdict that a constitutionally deficient jury instruction cannot produce a guilty verdict comporting with due process but, rather, requires reversal of a conviction. Sullivan v. Louisiana, 508 U.S. 275, 277-80, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) (<HOLDING>). It follows that a claimed Cage violation 
 Holding statements: (A) recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt (B) holding exclusion was harmless error (C) holding that when defendant properly objects to charge error reversal required unless error was harmless (D) holding that any error was harmless and thus not plain error (E) holding a cage violation could never be held harmless error and thus not amenable to harmless error review but rather required outright reversal

A: (E)
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Q: and onto her abdomen onee she submarined. He further indicated that Amanda’s pelvic and leg injuries were caused by- her knees impacting the vehicle’s dash panel. Mr. Lewis concluded that had Amanda not submarined and her seat not collapsed, she would not have sustained these injuries. Additional Evidence Amanda also introduced portions of Nissan’s pre-trial discovery responses wherein Nissan admitted to disposing of its developmental test reports including any reports concerning crashworthiness, front passenger seatbelt spool-out, submarining, and the effectiveness of the Pathfinder’s seatbelt systems. Mr. Whitman explained in detail why he believed that Nissan’s record retention policy was a bad of our sister states. E.g., Stone Man v. Green, 263 Ga. 470, 435 S.E.2d 205, 206 (1993) (<HOLDING>). The undisputed evidence demonstrates that 
 Holding statements: (A) holding that punitive damages are as a general rule improper where a defendant has adhered to environmental and safety regulations (B) holding tcpa is remedial statute and that statutory damages are not punitive damages (C) holding that punitive damages are not allowed under the flsa (D) holding a court may not award punitive damages (E) holding that punitive damages are not fines

A: (A)
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Q: is logical to conclude that in a situation covered by subsection (d), a formal determination that indemnification is proper would be unnecessary; because the director has been exonerated, or at least not been held liable, no proof of her good faith would be required. On its face, subsection (d) appears to apply to Safeway’s situation. Presumably, a “successful defense" in a settlement (a "proceeding referred to in subsection (b)”) occurs where no liability is conceded. Under the terms of the settlement agreement, the Safeway directors denied any liability whatsoever, see E.R. at 230, exh. 26, p. A-7 (section R); therefore, they were successful "on the merits or otherwise,” and Safeway is required to indemnify them under subsection (d). 25 . hipping Co., 47 F.3d 316, 324 (9th Cir.1995) 
 Holding statements: (A) holding that prejudgment interest may include compound interest (B) holding that like other affirmative defenses to liability immunity from liability must be pleaded or else it is waived (C) holding that reversal for a new trial on liability is appropriate only where the error complained of affects only the issues of liability (D) holding immunity from liability is not jurisdictional (E) holding that prejudgment interest is inappropriate trader  3287a where defendant disputes not only liability but its liability in proportion to other defendants

A:
(E)
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