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: erred by failing to instruct the jury that a confidential informant's testimony must be corroborated, in conformity with article 38.141. We agree. Our holding that there was some "other evidence" to satisfy the statutory corroboration requirement does not eliminate the need for an instruction. See Saunders v. State, 817 S.W.2d 688, 690 (Tex.Crim.App.1991) (noting court "might disagree" with court of appeals's holding that there was no evidence ten o the trial court's failure to charge the jury on the requirements of article 38.141 here, but asserts that the trial court's error resulted in harm under the "egregious harm standard" of Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1985) (applying egregious harm analysis to unobjected-to charge error). See Herron, 86 S.W.3d at 632 (<HOLDING>); Saunders, 817 S.W.2d at 692 (holding
Holding statements: (A) holding egregious harm standard applied where appellant failed to object to lack of instruction on accomplice witness testimony (B) holding egregious harm resulted from erroneous jury instruction authorizing conviction based on legally inadequate theory (C) holding that it was prejudicial error to fail to give such a cautionary instruction even where the defendant did not object at trial to the lack of such an instruction when the accomplice testimony was uncorroborated (D) holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper (E) holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds
Example Output: (A)

Example Input: further reduced the damages by the per centage settlement credit of $377,383.53. Based on our holding above, the judgment should not be reduced by the pereentage-of-responsibility settlement credit of $377,383.53, but nonetheless must be reduced pursuant to either section 33.012, subsection (b) or subsection (d), by the dollar-for-dollar settlement credit amount of $183,000. Accordingly, we reverse the portion of the trial court's judgment applying the $377,383.53 percentage settlement credit and render judgment applying the $183,000 dollar-for-dollar settlement credit. See Tex.R.App. P. 43.2(c), 43.3. B. Sufficiency of Evidence to Support Joint Enterprise Finding; No Evidence of Community of Pecuniary Interest in the Common Purpose of the Enterprise Between Appellees 13-14 (Tex.2000) (<HOLDING>); Blount v. Bordens, Inc., 910 S.W.2d 931, 932
Holding statements: (A) holding that evidence of representations outside the contract was legally sufficient evidence to support a section 1746b12 claim (B) holding slight circumstantial evidence of fraud in combination with failure to perform as promised was legally sufficient to support finding of fraudulent intent (C) holding evidence legally insufficient (D) holding evidence legally sufficient under sections d and e (E) holding evidence legally sufficient
Example Output:
(E)