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:
do not find that MBI has waived this argument on appeal. See Ind. Appellate Rule 49(B). 3 . We also note that MBI did not present any expert testimony, or any other evidence, that would suggest that Orlando's permanent injury to his knee was not caused by the accident. 4 . The prospective juror was struck from the jury pool prior to trial. 5 . MBI also argues that Orlando was only asking for $75,000 in damages. However, Orlando clearly argued that $75,000 was where he thought the jury should begin its discussion for damages, but he did not limit his damages to this amount. Tr. p. 223. 6 . MBI also argues that "[i]f there is no evidence to establish the loss of earning capacity, there can be no recovery on that issue." Scott v. Nabours, 156 Ind.App. 317, 321, 296 N.E.2d 438, 441 (1973) (<HOLDING>). However, the final jury instructions gave a
Holding statements: (A) holding the trial court did not err by withdrawing the issue of loss of earning capacity from the jury when there was no evidence in that regard (B) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (C) holding that the trial court did not err by granting defendants motion for summary judgment (D) holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent (E) holding that trial court did not err

Ex Output:
(A)

Ex Input:
(second factor is "whether the [regulated] practice is an integral part of the policy relationship between the [private] insurer and the insured"). Finally, despite the MSP provision that the United States can pursue "any entity" for reimbursement, see id. (third factor is "whether the [regulated] practice is limited to entities within the insurance industry''), the MSP provision limits reimbursement to recoveries from "primary plans," whose definition lists only entities which are clearly "within" the insurance industry. See 42 U.S.C. 1395y(b)(2)(A) ("primary plan" means "a group health plan or large group health plan, ... a workmen's compensation law or plan, an automobile or liability insurance policy or plan ... or no-fault insurance"); cf. Kachanis, 844 F.Supp. 877 (D.R.I.1994) (<HOLDING>). 6 . Finally, the Fund raises a puzzling
Holding statements: (A) holding 1012 applicable to feca provision allowing united states to recover from any third party (B) holding that the secretary of the interior breached the united states duty of loyalty despite the absence of any applicable treaty or statutory provision (C) holding that a states entitlement to indemnification from a third party does not vitiate the states sovereign immunity against a money judgment (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding that an ancillary forfeiture proceeding pursuant to 21 usc 853n is a civil action for the purpose of allowing a third party to recover attorneys fees

Ex Output:
(A)

Ex Input:
to award attorney's fees to appellees. By affirming the trial court's judgment, our judgment essentially adopted the judgment of the trial court dismissing the case for lack of juris diction. Because the trial court did not award attorney's fees to the appellees in its judgment and the appellees did not raise this failure to award fees as an issue in Medina I our opinion and judgment in Medina I closed the door on the possibility of the appellees recovering their attorney's fees in this case. See, e.g., Martin, 824 S.W.2d at 257 (trial court erred by granting relief not specified in appellate court's mandate after court of appeals reversed and rendered judgment); see also Tex. R.App. PROC. 38.1(i); San Jacinto River Auth. v. Duke, 783 S.W.2d 209, 209-10 (Tex.1990) (per curiam) (<HOLDING>). Citing to Civil Practices & Remedies Code
Holding statements: (A) holding argument not asserted before district court is waived on appeal (B) holding the issue of standing is waived if not asserted at the district court level (C) holding under former rule 52a appellant must object to alleged error in the trial court or such error is waived (D) holding that appellant who merely listed points of error without further argument or explanation had waived those issues for failure to brief (E) holding it is a wellestablished rule that grounds of error not asserted by points of error or argument in the court of appeals are waived

Ex Output:
(E)