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:
a result, he had assented to the Estate's producing the letters. Despite their lack of objection prior to producing the documents, the Opposing Parties contend the Estate "inadvertently" produced the documents and, further, that the stipulated protective order in this ease (the "Protective Order") requires KFI to return the documents. KFI argues the Estate voluntarily produced the documents. As detailed herein, this court finds the documents were not inadvertently disclosed. When parties stipulate to a protective order requiring the return of inadvertently produced documents, the agreement is enforceable if the proponent actually produced the document(s) inadvertently and otherwise complies with the terms of the order. See VLT Corp. v. Unitrode Corp., 194 F.R.D. 8, 11-12 (D.Mass.2000) (<HOLDING>). Absent an agreement, courts have applied
Holding statements: (A) holding that in agency adjudications in which the government has not claimed privilege written reports made at the time of an event must be produced when the credibility of the witness on matters discussed in the report is in question (B) holding that the doctrine of equitable estoppel does not apply fully against the government because the possibility of harm to a private party is often if not always grossly outweighed by the public interest in enforcement of congressionally mandated public policy (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that where the district court decided two issues in the certified order but identified only the damages issue as the controlling question of law the court of appeals could nonetheless address the other issue (E) holding stipulated protective order mandated return of two documents inadvertently produced with approximately 25000 intentionally produced pages proponents established that the production of the materials at issue was not a considered or grossly negligent decision but the result of inattention ie inadvertence

Ex Output:
(E)

Ex Input:
February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code 19.2-305.1(D) states that "[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof." The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court's October 26,
Holding statements: (A) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing (B) holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge (C) holding that the hearsay rule is not suspended in the sentencing phase (D) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (E) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

Ex Output:
(B)

Ex Input:
in what the fraud consists"). Like the Sykes' claim for negligent misrepresentation, however, their claims for fraud are not based on any specific allegations of fact. Since these claims do not comply with the requirement of Federal Rule of Civil Procedure 9(b), adding them would be futile. Fifth, the Sykes want to add a claim for negligent infliction of emotional distress. In Virginia, a claim of negligent infliction of emotional distress cannot succeed if a party does not "plead with specificity that [it] incurred a physical injury which was the natural result of fright or shock proximately caused by the defendant's] alleged negligence." Delk v. Columbia/HCA Healthcare Corp., 259 Va. 125, 523 S.E.2d 826, 834 (2000); see Hughes v. Moore, 214 Va. 27, 197 S.E.2d 214, 220 (1973) (<HOLDING>). Here, neither Lisa nor Seth Sykes have
Holding statements: (A) recognizing the tort of intentional infliction of emotional distress (B) holding that a party claiming negligent infliction of emotional distress cannot recover for emotional disturbance alone (C) recognizing torts of intentional and negligent infliction of emotional distress (D) holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute (E) holding that under south dakota law compensation for negligent infliction of emotional distress requires manifestation of physical symptoms and intentional infliction of emotional distress requires an extreme disabling emotional response

Ex Output:
(B)