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]: susceptible to many meanings. Although there is no direct statement that Mooney failed to perform his duties with regard to assisting his clients with their investments, this is the clear import of the specific language used. "Only knew" clearly implies that Mooney knew nothing about anything else. What was implied in that statement is made express in the next "didn't know anything about investments." "Hated helping clients" also unambiguously indicates that Mooney was not interested in executing his duties to his clients. These statements embody a "pejorative implication" that a reasonable listener would perceive "as an assertion that the [plaintiff] failed to perform his duties as an advisor." Mehta v. Ohio Univ., 958 N.E.2d 598, 609 (Ohio Ct.App.2011); see Scott, 496 N.E.2d at 707 (<HOLDING>). The statement "invested her in all of the
Holding statements: (A) holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement (B) holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident (C) holding no error in rejecting the appellants proffered instruction even though that statement was based on language from case law when the amci instruction was a proper statement of the law (D) holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement (E) holding that hearing officer had no obligation under 38 cfr 3103c2 to advise appellant as to physicians statement because that statement would not have helped prove the claim that is that statement would not have provided a nexus with the veterans service
[A]: holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement

[Q]: income. As the majority notes, the Internal Revenue Code is not the standard for determining weekly gross income for child support purposes, see op. at 13 (quoting Child Supp. G. 3(A), cmt. 2(b) that the weekly gross income figure may not be the same as gross income for tax purposes). It may be unfair to exclude all of the settlement proceeds where they have inured to the family's benefit in the past but it may also be unfair to include all of the proceeds where Scott has need of them for his own care. Commentary to Guideline 3(A) urges judges to "be innovative in finding ways to include income that would have benefited the family had it remained intact, but be receptive to deviations where reasons justify them." Child Supp. G. 3(A), cmt. 2(b); see also Harris, 800 N.E.2d at 940-41 (<HOLDING>). [5] Because the trial court's decision was
Holding statements: (A) holding the trial court did not abuse its discretion in including only the net amount of settlement proceeds from a wrongful termination lawsuit because that is the amount that would have ultimately benefited the children if the family had remained intact (B) holding that the trial court did not abuse its discretion by ordering a separate trial for the counterclaims where the convenience of the parties would be served (C) holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge (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 prejudgment interest is to be determined on the entire amount of compensatory damages and then reduced by the amount of interest which would have accrued at present value on the settlement amount determined before trial
[A]: holding that the trial court did not abuse its discretion by ordering a separate trial for the counterclaims where the convenience of the parties would be served

[Q]: 341. 4 .It should be noted that there is another class action pending before same district judge who decided POM Wonderful. See Saedian v. The Coca Cola Co., No. 2:09cv06309-SJO-JPR (C.D.Cal.) (Otero, J.). The plaintiffs there bring claims against what appears to be the same product. The instant case was stayed pending a decision by the Judicial Panel on Multidistrict Litigation ("JPML") on whether to transfer or consolidate it with the Saedian case. ECF No. 30. This Court lifted the stay after the JPML denied the Defendants'motion. ECF No. 31. 5 . The preemption clause makes no mention of 343(a). 6 . It is true that not every violation of the FDCA will support a state-law claim. See Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341, 353, 121 S.Ct. 1012, 148 L.Ed.2d 854 (2001) (<HOLDING>); cf. Papas v. Upjohn Co., 985 F.2d 516, 518-19
Holding statements: (A) holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda (B) holding that express warranty claims that could only arise out of fda approval are preempted (C) holding that state claims for fraudulent submissions to the fda were preempted (D) holding fraudulent representations to the fda could not sustain statelaw claims (E) holding that 14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property
[A]:
holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda