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]: the notice. (Hilsee Supp. Aff. 6(b), June 8, 2005). Moreover, the notice campaign began in early December, and the deadline to file opt-outs was April 8, 2005. This timeline, spanning a period of four months, is consistent with court-approved best practices for class notice campaigns. Id. at 6(c)vi. Accordingly, I FIND that there was sufficient notice leading up to the opt-out deadline. Objectors also assert that because the settlement class could have potentially included millions of Class Members, and only 6,524 have "shown their hands" to be included in the class by filing an inventory form, the notice is inadequate. However, many factors contribute to the claims response rate. See, e.g., Zimmer Paper Prod., Inc. v. Berger & Montague, P.C., 758 F.2d 86, 92-93 (3d Cir. 1985) (<HOLDING>); 3 Alba Conte & Herbert Newberg, Newberg on
Holding statements: (A) holding that notice to the attorney of record constitutes notice to the petitioner (B) holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey (C) holding that notice to supervisor is notice to city (D) holding that where defendant engaged in customary and court approved notice procedure the response rate was not determinative of the adequacy of the class notice (E) holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice
[A]: holding that notice to the attorney of record constitutes notice to the petitioner

[Q]: arm's-length transaction or from making as prompt or searching investigation as might otherwise be expected. In some situations there is no legal duty to use means available for discovering the fraud.... We are not prepared to say, however, that one in a relationship of trust and confidence is always justified as a matter of law in neglecting every precaution until something occurs to arouse his suspicions. Courseview, 312 S.W.2d at 205; Duthu v. Pena, 228 F.3d 409, 2000 WL 1056126, at *7-9 (5th Cir.2000) (unpublished) (collecting cases). This case presents precisely the sort of intentional concealment of ill-gotten profits (in the face of a duty to disclose such profits) that allows a plaintiff to benefit from equitable estoppel. See Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.1983) (<HOLDING>);. Gibson v. Burkhart, 650 S.W.2d 185, 188-89
Holding statements: (A) holding a cause of action accrues once an injury has occurred and manifested itself (B) holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action (C) recognizing negligent procurement to be a negligence cause of action (D) recognizing cause of action (E) recognizing the cause of action
[A]: holding a cause of action accrues once an injury has occurred and manifested itself

[Q]: 464, 27 P.3d 456; State v. Meadors, 121 N.M. 38, 42, 908 P.2d 731, 735 (1995); see also Schmuck v. United States, 489 U.S. 705, 717-18, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989) ("[t]he defendant may not have constitutionally sufficient notice to support a lesser included offense instruction requested by the prosecutor if the elements of that lesser offense are not part of the indictment."). Committing an aggravated battery against Thomas does not presume that an assault would therefore be committed against Thompson. {12} Here, alleging the existence of a new victim of a separate criminal act altered a material element of the crime with which Child was originally charged and about which he was entitled to notice. See State v. Mankiller, 104 N.M. 461, 466, 722 P.2d 1183, 1188 (Ct.App.1986) (<HOLDING>). This is basically unfair. {13} Furthermore,
Holding statements: (A) holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act (B) holding that the date of the offense was material to the defense where defendant could not have anticipated from the date specified in the indictment that the state would present evidence that the crime occurred nearly two months later (C) recognizing that the government need only prove that crime occurred reasonably near the date stated in the indictment (D) holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment (E) holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due
[A]:
holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act