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.
--------
Question: the B-side breakers were cross-phased caused transformer B to fail, and the failure of transformer B necessitated its testing, removal, oil disposal, repair and reinstallation. No additional link in the causal chain was necessary to bring about the injury or damages. The parties can be "conclusively presumed to have foreseen" that Powell's substandard performance would result in the failure of the transformer and that failure of a transformer would require HP to incur costs associated with repairing it. Cf. Arthur Andersen, 945 S.W.2d at 816. We are not persuaded otherwise by Powell's argument that direct damages in this case should be limited to the cost of uncrossing the wrongfully crossed cables or the difference between the value of Powell's actual services and the value of t *8-9 (<HOLDING>). Powell asserts that these provisions refer to
Holding statements: (A) holding that where electricity supplier had its employees on construction site from time to time in connection with supplying temporary electricity any knowledge suppliers employees had of building construction was incidental to supplying electricity thus construction worker who was injured when he contacted live highvoltage electrical transmission lines wholly failed to establish any reason why electricity supplier should have foreseen injury and no duty arises to act to prevent such unanticipated injury (B) holding costs of providing power during construction delay were direct damages because contract provision specified that owner would provide electricity to construction site (C) recognizing the rights of third parties who were not signatories to a construction contract (D) holding that construction safety manuals and codes were properly admitted as objective standards of safe construction (E) holding that whether clause in construction contract providing that no damages would be available for delay was enforceable was a factual question where there was evidence that damages resulted from unreasonable delay beyond the contemplation of the parties

Answer: (B)

Question: otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) ('We do not ... believe 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim." (internal quotations omitted)) and First Nat'l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng'rs, Inc. v. Lafourche
Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that 1441c does not allow the remand of claims that are not separate and independent (D) recognizing that 1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand

Answer: (B)

Question: the defendant's argument that the trial court erred when it admitted into evidence State's Exhibit 1, consisting of a photograph of the latent print and the defendant's known print. We must, however, address the defendant's argument that the evidence presented to the trial court was insufficient to reach a guilty verdict because, if the evidence were insufficient, the Double Jeopardy Clauses of the State and Federal Constitutions would preclude a remand for a new trial. State v. Sweeney, 151 N.H. 666, 672-73 (2005). Ill In determining whether there was sufficient evidence to reach a guilty verdict, we consider all the evidence, including evidence that we have concluded was erroneously admitted. State v. Horak, 159 N.H. 576, 582-83 (2010); Lockhart v. Nelson, 488 U.S. 33, 34 (1988) (<HOLDING>). To prevail on a challenge to the sufficiency
Holding statements: (A) holding that the jeopardy clause bars retrial when the prosecution failed to supply sufficient evidence to merit conviction (B) holding that retrial did not violate the double jeopardy clause where reversal based on trial error distinguishing reversal for insufficient evidence (C) holding that the double jeopardy clause bars retrial when the commonwealth intentionally undertakes to prejudice the defendant to the point of the denial of a fair trial (D) holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted (E) holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial

Answer:
(E)