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: (9th Cir.1954) (concluding that expert opinions did not support jury verdict, in part because "[o]pinion evidence is only as good as the facts upon which it is based" and record did not support opinions). Here, for the reasons stated, the record demonstrates that the officers' percep tion of an immediate threat whether correct or not was clearly reasonable and therefore that their initial use of deadly force was justified. 9 . The situation Appellants faced here having to determine in a split-second whether a suspect is using his vehicle as a weapon is analogous to the scenario of an officer forced to make a split-second decision as to whether to use deadly force against a suspect who he believes has a firearm. See, e.g., McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994) (<HOLDING>); Slattery v. Rizzo, 939 F.2d 213, 215-17 (4th
Holding statements: (A) holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something (B) holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger (C) holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon (D) holding that use of deadly force was justified against a suspect when officer forced to make a splitsecond decision relied on his reasonable belief that another officer had seen a gun in the suspects hands even though the suspects hands were handcuffed in front of him and the defendant officer never saw a weapon (E) holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station

A: holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something
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Q: who have not returned their consents 30 days from the date notice is mailed as unnecessary. Plaintiff replies that reminder notice is necessary because potential class members work in remote locations far away from their homes for long periods of time. Plaintiff argues that reminder notice affects the broad remedial purposes of the FLSA and ensures that potential class members receive notice of their rights and potential claims. District courts are split as to whether reminder notices to potential class members are proper in FLSA actions. See Santinac v. Worldwide Labor Support of Illinois, Inc., 107 F.Supp.3d 610, 618-19, 2015 WL 3486971, *6 (S.D.Miss. June 2, 2015) (citing Garcia v. TWC Administration, LLC, Civil Action No. SA: 14-CV-985-DAE, 2015 WL 1737932 (W.D.Tex, April 16, 2015) (<HOLDING>)). Courts that have denied requests for
Holding statements: (A) holding that district courts do not have appellate jurisdiction over state courts (B) recognizing that uniformity has at its heart the equalization of the ratio among all properties in the district (C) holding that a district courts findings under rule 52a are to be liberally construed in support of the district courts judgment (D) recognizing split among district courts (E) recognizing district courts discretion to consider pending state charge in determining sentence

A: holding that district courts do not have appellate jurisdiction over state courts
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Q: representative the right of action which accrued to the deceased at common law. See Harvey v. Hassinger, 315 Pa.Super. 97, 461 A.2d 814, 817 (1983). A survival action is brought by the personal representative of the decedent, and is an action which the decedent himself could bring had he survived and, in effect, is brought on behalf of the decedent. See In re Pozzuolo's Estate, 433 Pa. 185, 249 A.2d 540, 544 (1969). In order to succeed on his claims of wrongful death and survival action on behalf of Keith Ketchmore and Markeith Ketchmore, respectively, Donlan must establish that the defendants were negligent with respect to the care of Markeith Ketchmore. See Estate of Zimmerman v. S.E.P.T.A., 168 F.3d 680, 684 (3d Cir. 1999); Carroll v. Colon, 608 F.Supp. 1277, 1279 (E.D.Pa.1985) (<HOLDING>). Thus, in consideration of the facts pleaded,
Holding statements: (A) holding act 111 valid under pennsylvania constitution (B) holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same (C) holding that when majority of class lived in new jersey maryland pennsylvania and virginia the eastern district of pennsylvania was a desirable forum (D) holding that an amended complaint alleging injuries to the driver caused by an auto accident which were allegedly the result of defendants negligence and that pennsylvania survival act was the basis for the cause of action stated a valid survival claim under pennsylvania law (E) holding that we are required to predict the position which the pennsylvania supreme court would take in resolving this dispute and in the absence of a clear statement by the pennsylvania supreme court to the contrary or other persuasive evidence of a change in pennsylvania law we are bound by the holdings of previous panels of this court

A:
holding act 111 valid under pennsylvania constitution
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