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.

[Q]: the reasons for the plaintiffs failure to obtain the action or for not making the effort. Addressing the identical federal rule, the Supreme Court has stated that "[o]n its face, Rule 23.1 speaks only to the adequacy of the shareholder representatives pleadings." Kamen, supra, 500 U.S. at 96, 111 S.Ct. 1711. The rule itself does not create a demand requirement. Id. "[T]he function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly is a matter of 'substance, not procedure.' " Id. at 96-97, 111 S.Ct. 1711 (quoting Daily Income Fund, supra, 464 U.S. at 543-44 & n. 2, 104 S.Ct. 831 (1984) (Stevens, J., concurring in judgment) (other citations omitted)); see also Bazata, supra, 400 A.2d at 316 (<HOLDING>). Thus, the demand requirement or its futility
Holding statements: (A) holding that an antitrust injury is a necessary element of a 2 claim (B) holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim (C) holding that reasonable reliance is not an element of the defense (D) holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served (E) holding the connection is an element
[A]: (B)

[Q]: of his experience' in detecting criminal activity") (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 885, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975)). Based on the totality of these circumstances, we conclude that the officers possessed the reasonable suspicion necessary to effect an investigative detention of Mr. Hishaw as he left the apartment in the pickup. Even though the initial stop was justified, we must still assess the reasonableness of the subsequent pat-down search. In order to comport with the Fourth Amendment, that search must have been "reasonably related in scope" to the basis for the stop (i.e., the officers' suspicion that Mr. Hishaw was distributing drugs). See Terry, 392 U.S. at 20, 88 S.Ct. 1868. In that regard, this circuit has concluded that an 169 (4th Cir.1998) (<HOLDING>); United States v. Perrin, 45 F.3d 869, 873
Holding statements: (A) holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop (B) holding that like burglary car theft is a crime that often involves the use of weapons and other instruments of assault that could jeopardize police officer safety and thus justifies a protective frisk under terry to ensure officer safety (C) holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes (D) holding that when the officer has a reasonable suspicion that illegal drugs are in the vehicle the officer may in the absence of factors allaying his safety concerns order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officers safety and the safety of others (E) holding that the officer had reasonable belief that the occupants of the vehicle were armed where the officer knew that drug dealers are frequently armed and therefore frisk of the vehicle was permissible
[A]: (D)

[Q]: Inc. v. Long Island R.R. Co., 70 N.Y.2d 382, 389, 521 N.Y.S.2d 653, 516 N.E.2d 190, (1987), quoted in Langenberg v. Sofair, 2006 WL 3518197, at *4 (S.D.N.Y. Dec.7, 2006). See also Sofi Classic S.A. de C.V. v. Hurowitz, 444 F.Supp.2d 231, 247-48 (S.D.N.Y.2006), quoting Rocanova v. Equitable Life Assurance Soc'y of U.S., 83 N.Y.2d 603, 612 N.Y.S.2d 339, 634 N.E.2d 940, 943-44 (1994) ("To recover punitive damages for a tort claim that 'arises from' a related contract claim, a plaintiff must demonstrate that the alleged misconduct was aimed at the public generally and that the misconduct evinced a 'high degree of moral turpitude' such as to imply a 'criminal indifference to civil obligations.' "); Merrill Lynch & Co., Inc. v. Allegheny Energy Inc., 382 F.Supp.2d 411, 422 (S.D.N.Y.2003) (<HOLDING>). Sellers have produced no evidence of any
Holding statements: (A) holding that exhaustion requirement applies to excessive force claims (B) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (C) holding claimant did not have to segregate fees between fraud and contract claims because both claims were based on the same set of facts and circumstances (D) holding that sovereign immunity also applies to cross claims and third party claims (E) holding that the public harm requirement applies to fraudulent inducement claims because the fraud claims arise from related contract claims
[A]:
(E)