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.

Example Input: 563 U.S. 421, 438, 131 S.Ct. 1866, 179 L.Ed.2d 843 (2011). Nonetheless, the District Court and the Plan have cited to the language in the Summary Plan Description ("SPD") as the language of the Plan. We, too, adopt this approach. See US Airways, Inc. v. McCutchen, 569 U.S. 88, 133 S.Ct. 1537, 1543 n.1, 185 L.Ed.2d 654 (2013) ("Because everyone in this case has treated the language from the summary description as though it came from the plan, we do so as well."). Moreover, insofar as McLaughlin and J.J.M. now contend that the SPD was not "designated a plan document" and so cannot control here, McLaughlin Reply Br. 1, we deem this argument forfeited because it is raised solely in the reply brief. See Laborers' Int'l Union of N. Am. v. Foster Wheeler Corp., 26 F.3d 375, 398 (3d Cir. 1994) (<HOLDING>). 4 . We have considered McLaughlin's and
Holding statements: (A) holding an argument not raised in opening brief is waived (B) holding that a party waives an argument that it raises in the background section of its brief but not in the argument section (C) holding argument waived for failure to raise it in opening brief (D) holding that argument not raised in opening brief is waived (E) holding that an argument is not preserved unless a party raises it in its opening brief
Example Output: (E)

Example Input: an alcohol concentration of .22. The Commissioner of Public Safety revoked Gergen's driving privileges, and the district court affirmed. ISSUES 1. Where a district court determines that a person arrested for driving while intoxicated did not make a good faith effort to contact an attorney, is the driver's right to counsel vindicated even though the telephone provided by the arresting officer is blocked from dialing 800-numbers? 2. Did the police officer violate Minn.Stat. 481.10? ANALYSIS I. A person arrested for driving while intoxicated (DWI) has a limited right to consult an attorney before deciding whether to submit to chemical testing, provided the consultation does not unreasonably delay the testing. Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (<HOLDING>); see Minn. Const. art. I, 6 ("In all
Holding statements: (A) holding that there is no constitutional right to refuse chemical testing under the implied consent law (B) holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga 405671 (C) holding that officers not required to give implied consent warnings where statute did not apply (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) holding that right to counsel under implied consent statute is limited because of the evanescent nature of alcohol
Example Output: (E)

Example Input: of the rules of procedure, the court must, in effect, fit the punishment to the crime. "Although the trial court's discretion to choose an appropriate sanction is broad, when a court imposes a 'drastic' sanction such as dismissal or default we will closely scrutinize the court's decision." Saucier v. State Tax Assessor, 1998 ME 61, 6, 708 A.2d 281, 288. [ 17] In determining the appropriate sanction to be imposed upon a party for failure to comply with the rules, the court should take into account the purpose of the specific rule at issue, the party's conduct throughout the proceedings, the party's bonafides in its failure to comply, prejudice to other parties, and the need for the orderly administration of justice. See, e.g., Estate of Dineen, 1998 ME 268, 11, 721 A.2d 185, 188 (<HOLDING>); Ricci v. Delehanty, 1998 ME 281, 15, 719
Holding statements: (A) holding sanctions were appropriate due to prejudice imposed on other party from failure to disclose subject matter of expert testimony (B) holding sanctions were appropriate when excessive responsive pleadings were filed for purposes of delay (C) holding sanctions were appropriate where party filed motions merely for purposes of delay (D) holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions (E) holding sanctions order not final where the amount of sanctions had not yet been determined
Example Output:
(C)