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.

Ex Input:
purchases of EZ Seed.” (Weir Decl., Doc. #80). This model rests on the assumption that plaintiffs received no benefit whatsoever from purchasing EZ Seed. See, e.g., Brazil v. Dole Packaged Foods, LLC, 2014 WL 2466559, at *15 (noting a full refund model is based on the assumption that consumers received no benefit from the product). This model matches plaintiffs’ first theory of liability—that EZ Seed does not grow grass, and is thus valueless. If plaintiffs prove EZ Seed suffered from a defect that rendered the product completely ineffective, plaintiffs would be entitled to all of their money back. The full compensatory damages model satisfies Comcast because it measures damages properly if EZ Seed is valueless. See, e.g., Allen v. Hyland’s Inc., 300 F.R.D. 643, 671 (C.D.Cal.2014) (<HOLDING>); Ortega v. Natural Balance, Inc., 300 F.R.D. 
 Holding statements: (A) holding that defensive theory must be submitted to jury when theory is raised by evidence from any source (B) holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case (C) holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists (D) holding full restitution theory satisfies comcast when plaintiffs theory of liability is that the products are entirely ineffective (E) holding that the plaintiffs misconceived legal theory did not preclude it from obtaining relief under another theory

Ex Output:
(D)


Ex Input:
235, 239 (Fed.Cir.1988). On appeal, Mr. Baney does not challenge the Board’s determination that collateral estoppel bars his leave-related claims. We agree with the Board that Mr. Baney’s claims are barred by collateral estoppel because they challenge the same issues that Mr. Baney actually litigated and that were necessary to the decisions in previous proceedings. See, e.g., Baney v. Dep’t of Justice, 409 Fed.Appx. 319 (Fed.Cir.2010) (finding no USERRA violation for charging Mr. Baney with eleven and a half hours of AWOL in November 2008); Baney v. Dep’t of Justice, 263 Fed.Appx. 892 (Fed.Cir.2008) (finding no USERRA violation for charging Mr. Baney with 23 days of leave while on active military duty for 30 days); see also Baney v. Dep’t of Justice, 327 Fed.Appx. 895 (Fed.Cir.2009) (<HOLDING>). Accordingly, we affirm the Board’s decision 
 Holding statements: (A) holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant (B) holding that collateral attacks on bankruptcy courts jurisdiction are barred by res judicata (C) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (D) holding that mr baneys challenge to being charged with 208 hours of annual leave while on active military duty for 30 days was barred by the res judicata effects of our 2008 decision (E) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred

Ex Output:
(D)


Ex Input:
2-401); McCarthy v. Imported Cars of Md., Inc. (In re Johnson), 230 B.R. 466, 468 (Bankr.D.D.C.1999) (“The passage of title cannot ... be delayed until after shipment or delivery of the goods to the buyer. After shipment or delivery, any retention of title by the seller results only in the reservation of a security interest.”); Associated Indus. v. Keystone Gen., Inc., 135 B.R. 275, 279 (Bankr.S.D.Ohio 1991) (“While the Uniform Commercial Code does permit the parties some power by allowing the parties to agree as to when title will transfer, the Code and the case-law place a limitation on this power. In short, if the seller attempts to retain title after delivery or until paid in full, all the seller gets is a security interest.”); In re Phillips, 77 B.R. 648, 650 (Bankr.E.D.Tenn.1987) (<HOLDING>); Seitz v. Stecklein, 111 Idaho 364, 723 P.2d 
 Holding statements: (A) holding that the retention of title pursuant to a repurchase agreement limits the seller to the reservation of a security interest under ucc  2401 (B) holding that after delivery under a sale agreement even if the parties intended that title would not pass until the other documents were completed and signed   retention of title would only have given the creditor a security interest (C) holding that delivery of possession of vehicle without delivery of certificate of title did not transfer ownership even though full payment had been received (D) holding that even if an agreement that title would pass once financing was obtained the most a creditor could claim was a security interest once the good was delivered (E) holding that the junior mortgagee had no right title or interest in the real estate after the sale was confirmed in the purchaser who became title owner

Ex Output:

(B)