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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

reasons for his back problems, reasons that Anderson, given his attitude toward work and pain, apparently accepted without question. Considering the evidence as a whole, I conclude that substantial evidence does not support a conclusion that Anderson did know or should have known he had a compensable injury which needed to be reported to Frontier until Drs. Gallagher and Pinto provided reports to Anderson’s attorney in April or May 2009. It was these reports that first established a relationship between Anderson’s injury and his work for Frontier. Therefore, I would hold that the letter sent by Anderson’s attorney on May 13, 2009, constituted timely notice to Frontier under the statute and our case law. 1 . Gillette v. Harold, Inc., 257 Minn. 313, 320-22, 101 N.W.2d 200, 205-06 (1960) (<HOLDING>). 2 . A worker may qualify for social security 
 Holding statements: (A) holding that when an employee suffers an injury from an unexplained fall while the employee is on the job and performing the duties of his employment that injury is eligible for compensation under the workers compensation act (B) recognizing the natural consequences flowing from a compensable injury absent an independent intervening cause are compensable as well as the aggravation of a preexisting condition infirmity or disease by a workrelated injury (C) holding that when a preexisting infirmity is aggravated by repetitive minute trauma as a result of the ordinary and necessary duties of employment the disability resulting from such aggravation is compensable as a personal injury under the workers compensation statute (D) recognizing that a preexisting disease or infirmity of the employee does not disqualify a claim arising out of employment if the employment aggravated accelerated or combined with the disease or infirmity to produce disability for which compensation is sought (E) holding that psychological conditions resulting from workrelated trauma are compensable
holding that when an employee suffers an injury from an unexplained fall while the employee is on the job and performing the duties of his employment that injury is eligible for compensation under the workers compensation act

considered in the context of a traditional understanding of the larceny statute.’ ” Calonico, supra at 154, quoting People v. Camiola, 225 A.D.2d 380, 380-381 (N.Y. 1996). 9 The defendant’s argument mirrors the dissent in Commonwealth v. Reske, 43 Mass. App. Ct. 522, 532-533 (1997) (Gillerman, 1, dissenting), which posited that because a victim’s mental incapacity is not an element of the offense of larceny, it may not be offered as proof of the crime except by legislative intervention. As did the majority in Reske, we reject that limitation on the nature of evidence probative of the defendant’s guilt. 10 The lack of consent is an implicit factor in other context ) (affirming larceny conviction because victim lacked mental capacity to consent to taking); Camiola, 225 A.D.2d at 380-381 (<HOLDING>). Cf. State v. Maxon, 32 Kan. App. 2d 67, 79-80 
 Holding statements: (A) holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident (B) holding that mental capacity may be considered on issue of victims intent (C) holding that a jury could reasonably infer defendant and his brother engaged in victims murder with deliberation where victims hands and feet were bound expert testimony was that victims injuries were inflicted when he was alive defendants gloves were discarded in victims trailer and defendant and his brother burned the trailer in an attempt to conceal the evidence (D) holding that the offense of sexual battery requires the state prove the victims lack of consent regardless of the victims age and charge the jury on the same (E) holding that jury may consider victims mental capacity in determining whether defendant acted with victims knowledge and consent

holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident