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.

Q: (1986) (relying on section 45(1) and comment a). 24 . See e.g., United States R.R. Ret. Bd. v. Fritz, 449 U.S. 166, 174 (1980) (“railroad [retirement] benefits are not contractual and may be altered or even eliminated at any time”); Devlin v. Transportation Communications Int’l Union, 173 F.3d 94, 103 (2nd Cir. 1999) (a claim to vested welfare benefits is contradicted by the ... unambiguous reservation in the plan documents of its right to amend the plan”); International Union, United Auto., Aerospace and Agric. Implement Workers of Amer. v. BVR Liquidating Inc., 190 F.3d 768, 773 (6th Cir. 1999) (“the inclusion of a ‘reservation of rights’ provision establishes that there was no intent for benefits to vest”); McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 17-18 (1st Cir. 1998) (<HOLDING>); In re Unisys Corp. Retiree Medical Benefit 
 Holding statements: (A) holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed (B) recognizing that generally    with supposed unilateral contracts  if the offeror expressly reserves the power to revoke the offer until the offerees performance is complete then the offer is illusory and cannot give rise to a unilateral contract but noting exceptions (C) holding that the offerors signature on the offerees conditional acceptance bound the offeror to all the terms therein (D) holding that an offer to donate cannot be an offer to sell (E) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged

A: holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed
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Q: (2013) (ex plaining the FDA’s view that “promoting a drug for an off-label use is a violation” of the FDCA’s misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep’t of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA’s informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the 
 Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

A: holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation
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Q: official immunity existed only in the cramped sense used by the court of appeals, its qualified promise against personal civil liability to public officers would be hollow indeed. The purpose of the doctrine of official immunity is to protect public officers from civil liability for conduct that would otherwise be actionable. Ministerial acts are those: [ w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discreti .App.—Dallas 1992, writ dism’d w.o.j.) (explaining that officers were not entitled to immunity because “their actions in the pursuit did not involve matters within their discret L.Ed.2d 483 (1988); Vasquez v. Hernandez, 844 S.W.2d 802, 804-05 (Tex.App.-San Antonio 1992, writ dism’d w.o.j.) (<HOLDING>); Wyse, 733 S.W.2d at 227 (describing 
 Holding statements: (A) holding that officers positioning himself next to his patrol car with gun drawn and then firing was a discretionary use of deadly force (B) holding that deadly force was unreasonable where the suspect possessed a gun but was not pointing it at the officers and was not facing the officers when they shot (C) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car (D) holding that apprehension by the use of deadly force is a seizure (E) holding that injury of plaintiff  who was detained in negligently parked patrol car that along with another patrol car was struck by thirdparty vehicle  did not arise out of use or operation of patrol car within meaning of ttcas motorvehicle waiver rather patrol car merely furnished condition that made injury possible

A:
holding that deadly force was unreasonable where the suspect possessed a gun but was not pointing it at the officers and was not facing the officers when they shot
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