Teacher: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.
Teacher: Now, understand the problem? Solve this instance: or otherwise resolved and are not at issue in this appeal. 2 . We have omitted internal quotation marks, alterations, and citations here and throughout this opinion, unless otherwise noted. 3 . In light of this holding, we need not address the parties' arguments concerning the district court's additional grounds for granting DirecTV's motion, that the phone calls were not "in or affecting commerce." 4 . In its reply brief, Exclaim argues DirecTV did not satisfy this burden because it demonstrated total profits, while the statute should be inteipreted to require a plaintiff to show profits relating to the infringing activity. Because that argument is raised for the first time in the reply brief, we do not consider it. See Cavallo v. Star Enter., 100 F.3d 1150, 1152 n.2 (4th Cir. 1996)
Holding statements: (A) holding that an issue first argued in a reply brief is not properly before a court of appeals (B) holding issues raised for the first time in a reply brief are not properly before this court (C) holding that issue raised for the first time in reply brief was waived (D) holding that this court will not address the merits of an issue presented for the first time in a reply brief (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief
Student:
holding issues raised for the first time in a reply brief are not properly before this court