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.

Example Input: controversy turns, in part, on a categorization of the loss at issue; an inherently factual determination requiring the testimony of Penn and NBC staff juxtaposed against Gioia's onsite analysis. Thus, Gioia is a material witness and his convenience weighs in favor of transfer. B. Locus of the Operative Facts "Where there is no material connection between the district and'the operative facts, ... the interests of justice require the transfer of [the] action." Manao Invests., 1997 WL 53200, at *2 (alteration in original) (quotation omitted). 'When determining the locus of operative facts in a declaratory judgment action concerning the interpretation of an insurance policy contract, this Court has considered where the insurance contract was made." Royal Ins., 2002 WL 31385815, at *3-4 (<HOLDING>). Here, while it is unclear whether
Holding statements: (A) holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution (B) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (C) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (D) holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york (E) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action
Example Output: holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership

Example Input: v. Fortis Benefits Ins. Co., 116 F.Supp.2d 937, 950-51 (M.D.Tenn.2000). As other circuits have recognized, the treating physician rule is a standard that was developed in the Social Security context requiring the administrative law judge to give deference to the opinions of a claimant's treating physician when determining the claimant's eligibility for benefits. See, e.g., Regula, 266 F.3d at 1139; see also Peabody Coal Co. v. Groves, 277 F.3d 829, 833-35 (6th Cir.2002) (applying the "treating physician presumption" in a Black Lungs Benefit case holding that an AL J may place greater weight on the opinion of a claimant's treating physician than those of non-treating physicians). Several circuits have adopted the treating physician rule in an ERISA context. Regula, 266 F.3d at 1139 (<HOLDING>); Donaho v. FMC Corp., 74 F.3d 894, 901 (8th
Holding statements: (A) holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa (B) holding that erisa benefits are not property of the estate (C) holding that an erisa plan administrator is not bound by an ssa disability determination when reviewing a claim for benefits (D) holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician (E) holding as a matter of first impression that the treating physician rule is applicable in the context of a disability benefits determination under erisa
Example Output: holding that vicarious liability claim against union based on medical malpractice of treating physician is not preempted by erisa

Example Input: to any genuine issue of material fact, and do not challenge the defendants' exhibits and affidavits in the manner required by Rule 74.03(e). Their, quarrel is with the trial court's application of the law. Their sole Point Relied On reads as follows: The trial court erred in summarily finding that defendants could unilaterally alter the character of the road easement from a gravel road to a concrete roadway without the consent of plaintiffs, who were co-owners of the easement, because such alteration was in violation of the road maintenance agreement, a 983) (specifically holding that the owner of a dominant estate was not precluded from subdividing property, even though the volume of traffic might increase substantially); Heigert v. Londell Manor, 834 S.W.2d 858, 868 (Mo.App.1992) (<HOLDING>). Copanas v. Loehr, 876 S.W.2d 691, 696
Holding statements: (A) holding that increase in vehicular traffic arising out of the subdivision of the dominant estate was reasonably foreseeable and so did not restrict the rights of the dominant owner (B) holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership (C) holding that an express easement ran with the dominant estate (D) recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement (E) holding that the owner of the dominant tenement may extinguish an easement appurtenant by specifically excluding it from a conveyance of the dominant estate
Example Output:
holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership