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.

Ex Input:
charge for each item or items. The Trial Court, however, refused to admit the last page of the bill that contained only a description of miscellaneous and a corresponding charge. Plaintiff had no testimony or other evidence to explain to the jury anything about the charge listed on the last page of the bill. The Trial Court stated such a description would force the jury to speculate regarding what supplies were encompassed within the charge for these miscellaneous items. A jury may not engage in speculation. Stringer v. Cooper, 486 S.W.2d 751, 756 (Tenn.Ct.App.1972) (stating "we understand the holding in those cases and many more like them to be that a jury may not speculate as to cause when one is not shown.... "); Moon v. Johnston, 47 Tenn.App. 208, 337 S.W.2d 464, 469 (1959) (<HOLDING>). Without any testimony or other evidence to
Holding statements: (A) holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide (B) holding a jury is not permitted to speculate or guess as to proximate cause (C) holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury (D) holding proximate cause almost always a question solely for the jury (E) holding that negligence must be the proximate cause of injury

Ex Output:
(B)

Ex Input:
were driven by '[p]rice in an all-inclusive sense, which starts with the freight rate.' " (Doc. S-l at 56). No effort was made to differentiate or promote any aspect of Trailer Bridge's products or services. Instead, the statement provided a brief explanation of the factors affecting price in the entire Puerto Rican cabotage market. Cf American Simmental Ass'n v. Coregis Ins. Co., 282 F.3d 582, 587 (8th Cir.2002) ("The plain and ordinary meaning of 'advertising idea' generally encompasses an idea for calling public attention to a product or business, especially by proclaiming desirable qualities so as to increase sales or patronage." (internal quotation marks omitted)); Proxima Corp. v. Federal Ins. Co., 26 F.3d 132, 1994 WL 245671 at *1 (9th Cir.1994) (unpublished table decision) (<HOLDING>). Regardless of whether the statement lulled
Holding statements: (A) holding statements of product superiority and that product was industry approved were puffery (B) holding that a contract for an exclusive agency to market a product contains an implied promise to use all reasonable efforts to market the product (C) holding that the essential wrong of trademark infringement the appropriation of the good will of anothers established mark may be effectively accomplished by advertising matter associating that others distinguishing mark with the product of defendant (D) holding that the shape of a product was not an advertising idea because there was no allegation in the complaint that the design itself was a trademark or was intended to distinguish the product from others that might enter the market citation omitted (E) holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury

Ex Output:
(D)

Ex Input:
assert that, in many of the class members' cases, there was no "consumer transaction" because the debts arose from phy sician-patient transactions, and as such, Defendants are exempt from the OCSPA. Plaintiffs argue that the physician-patient exemption does not apply to Defendants. The OCPA's physician exemption in the definition of "consumer transaction" is narrowly construed, and Ohio courts have rejected its application to non-physicians. See Summa Health Sys. v. Viningre, 140 Ohio App.3d 780, 749 N.E.2d 344, 356 (2000) ("While transactions with physicians are exempted from the CSPA, a transaction between a service provider such as a hospital and the consumer is not clearly exempted."); Elder v. Fischer, 129 Ohio App.3d 209, 717 N.E.2d 730, 734-35 (Ohio Ct.App. 1st Dist.1998) (<HOLDING>); Thorton v. Meredia Suburban Hosp., 1991 WL
Holding statements: (A) holding that antitrust claims arising out of an international commercial transaction were arbitrable despite the fact that they were not specifically mentioned in the arbitration clause (B) holding that physicians were specifically excluded from the ocspa but hospitals were not so they must abide by the ocspa (C) holding that this court can consider claims not specifically excluded by a coa (D) holding that all claims submitted by defendant were false because they were acquired by kickback (E) holding that because the record does not indicate that the extraneous documents or averments were excluded by the court we must assume that they were considered

Ex Output:
(B)