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.

Example Input: 339 (2005)). As to appellant’s assertion of error by the court in permitting the cautionary instruction to include the additional language, appellant’s claim is not cognizable in a Rule 37.1 proceeding. Generally, a petition under Rule 37.1 does not provide a remedy when an issue could have been raised at trial or argued on appeal. Howard v. State, 367 Ark. 18, 238 S.W.3d 24 (2006). To fall within the very limited exception to that rule, the ground must be one so basic that it renders the judgment a complete nullity, such as a lack of jurisdiction, a violation of double jeopardy, or the right to a twelve-member jury. Id. at 26-27, 238 S.W.3d at 32. Appellant did not raise an issue in this claim that falls within the exception. See Phavixay v. State, 373 Ark. 168, 282 S.W.3d 795 (2008) (<HOLDING>). In appellant’s fifth point on appeal, he 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper
Example Output: (C)

Example 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
Example Output: (D)

Example Input: understanding that the “EAJA is a partial waiver of sovereign immunity, and it must be strictly construed in the government’s favor.” Tex. Food Indus. Ass’n v. USDA, 81 F.3d 578, 580 (5th Cir.1996) (citation omitted). B. Analysis 1. Murkeldove and the Vinning Plaintiffs “incurred” attorney’s fees as contemplated by the EAJA. In order to receive an award of attorney’s fees pursuant to the EAJA: (1) the claimant must be a “prevailing party,” (2) the claimant must “incur” attorney’s fees, (3) the government’s position must not have been “substantially justified,” and (4) “special circumstances” cannot render an award of fees unjust. 28 U.S.C. § 2412(d)(1)(A). The district court acknowledged that Murkeldove and each of the Vinning Plaintiffs is a “prevailing party” fo 1583 (Fed.Cir.1991) (<HOLDING>)). Against this framework, we examined cases 
 Holding statements: (A) holding that incurred within the meaning of the eaja requires an express or implied arrangement that the fee will be paid over to a legal representative (B) holding that attorney fees are incurred only when there is an express or implied agreement that the fee award will be paid over to the legal representative (C) holding that a cause of action based on eaja will be deemed to have survived the death of the aggrieved party and  the personal representative of the deceased partys estate or any other appropriate person may be substituted as the prevailing party to whom payment of an eaja award may be made (D) holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied (E) holding that the prosecution of an equitable adjustment claim before a contracting officer was not a civil action within the meaning of the eaja
Example Output:
(A)