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.
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Question: WTT Project area as defined by the Corps. NEF contends that we need not consider the State's argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. "Rule 59(e) motions are 'aimed at reconsideration, not initial consideration.' " FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant's argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts
Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Answer: holding that the appellant waived an argument listed only in his summary of the argument

Question: citizens of Alabama for purposes of the diversity jurisdiction analysis. This narrow and specialized statute provides in pertinent part: In any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen. Andalusia and Hughes, who are insureds but not parties defendant, contend that a realignment of Lane will make the case into a direct action by Lane against the insurers, and because it is one in which the insureds are not joined as parties defendant, diversity would be destroyed by 1332(a)(1). This contentio d.2d 73 (1974). But where the s 13 F.Supp. 367, 371 (D.Conn.1970) (<HOLDING>), rev'd on other grounds, 456 F.2d 282 (2d
Holding statements: (A) holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso (B) holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict (C) holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso (D) holding that insured may recover attorneys fees from insurer where insurer acts in bad faith (E) holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second

Answer: holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso

Question: Id. at 153, 121 S.Ct. 2079; see also United States v. Parker, No. WDQ-09-0360, 2011 WL 4682177, at *2 (D.Md. Oct. 3, 2011) ("Article IV(e)'s dismissal is strictly interpreted; there are no exceptions for de minimis, technical, or harmless errors."); United States v. Gezelman, 522 F.Supp.2d 344, 347 (D.Mass.2007) (interpreting Bozeman as rejecting the view that a prisoner must be involved in rehabilitative programs for the IAD to apply and holding that the IAD must be strictly applied). Because the interpretation of the IAD is a question of federal law, we must follow the Supreme Court of the United States' holding in Bozeman. See Cuyler, 449 U.S. at 438, 101 S.Ct. 703; In re All Assessments, 67 S.W.3d 805, 818-19 (Tenn.Ct.App.2001) ("[O]nly the decisions of the United Stat t.App.2000) (<HOLDING>); State v. Breen, 126 Idaho 305, 882 P.2d 472,
Holding statements: (A) holding the iad inapplicable to a prisoner at a temporary holding facility and noting that while there may be an occasional case in which a prisoner awaiting transfer is involved in rehabilitative programs offered at the local facility such rehabilitation efforts themselves ultimately would be disrupted by that prisoners transfer to his permanent correctional residence (B) holding that because the stated purpose of the iad is to prevent interference with a prisoners rehabilitative environment there is no reason for the iad to apply to a prisoner until he or she is assigned to the institution where the sentence will be served (C) holding that an inmate had no liberty interest in avoiding transfer to a more restrictive facility (D) holding the iad was not applicable to a prisoner who had been sentenced but was incarcerated in a local jail or holding facility while awaiting transfer to the assigned penal institution (E) holding that court would not imply a bivens cause of action for a prisoner held in a private prison facility

Answer:
holding that because the stated purpose of the iad is to prevent interference with a prisoners rehabilitative environment there is no reason for the iad to apply to a prisoner until he or she is assigned to the institution where the sentence will be served