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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Standards Enforcement v. Dillingham Constr., Inc., 519 U.S. 316,-, 117 S.Ct. 832, 838, 136 L.Ed.2d 791 (1997) (citations omitted). The Supreme Court has held that ERISA preempts state common law tort and contract causes of action asserting improper processing of a claim for benefits under an insured employee benefit plan. Pilot Life, 481 U.S. at 57. The detailed provisions of ERISA 502(a) set forth a comprehensive civil enforcement scheme that "would be completely undermined if ERISA-plan participants and beneficiaries were free to obtain remedies under state law that Congress rejected in ERISA." Id. at 54, 107 S.Ct. 1549. Similarly, we have held that state law tort and contract claims as well as violations of a state insurance statute are preempted by ERISA. Tingey, 953 F.2d at 1131 (<HOLDING>). In a factually similar case, we held that
Holding statements: (A) holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations (B) holding plaintiffs causes of action for breach of contract breach of the duty of good faith and fair dealing intentional infliction of emotional distress and violations of the arizona insurance code were preempted by erisa (C) holding that erisa 514a preempts claims for breach of contract breach of duty of good faith and fair dealing negligence and intentional infliction of emotional distress (D) holding that a claim for intentional infliction of emotional distress was preempted where it was based on the same conduct as a preempted claim for breach of the covenant of good faith and fair dealing (E) holding that the plaintiffs state common law causes of actions for breach of contract and breach of the duty of good faith and fair dealing as well as a statutory cause of action for unfair insurance practices under the california insurance code were preempted by erisa
holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations

State, after expressing its clear and accurate understanding of the ... issue ..., deliberately steer[s] the District Court away from the question and towards the merits of [the] petition." Wood v. Milyard, U.S.-, 132 S.Ct. 1826, 1835, 182 L.Ed.2d 733 (2012) (internal citation omitted). In Wood, the state had assured the district court that it was "not challenging, but d[id] not concede, the timeliness of the petition." Id. at 1830. As in Wood, the state's words and conduct cannot be described as an inadvertent mistake or forfeiture of the exhaustion defense, as was the case in Day, but instead they clearly evidence an express intention to waive the exhaustion requirement. As the First Circuit said, "[t]hat was game, set, and match." Pike v. Guarino, 492 F.3d 61, 71-72 (1st Cir.2007) (<HOLDING>). Other circuits have also held this type of
Holding statements: (A) holding that a deposition that was not presented to the trial court could not be considered on appeal (B) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (C) holding that a waived issue ordinarily cannot be resurrected on appeal whereas a forfeited issue may be reviewed for plain error (D) holding statement that petitioner is correct in her assertion that the claims presented have been exhausted was unmistakably clear and could not be resurrected on appeal alteration in original (E) holding that complaint on appeal must be the same as that presented in the trial court
holding that a deposition that was not presented to the trial court could not be considered on appeal

would be unable to present his case fully and fairly if unrepresented, the IJ could not let Lin's hearing proceed without counsel. The IJ could have capitulated and again postponed the hearing. The cost of this course was obvious: leaving Lin in detention for an even longer time while giving him and his relatives another opportunity to obtain competent counsel or himself to seek pro bono counsel for Lin. Doing so would impose a cost not only upon Lin, but upon the INS, which bore the costs of Lin's care and upkeep. Instead, the IJ chose to proceed with the long-delayed hearing by insisting that an obviously unprepared counsel, who by her own assertion had not expected to argue this case, represent Lin. He erred in doing so. See Rios-Berrios v. INS, 776 F.2d 859, 862-63 (9th Cir.1985) (<HOLDING>). Notwithstanding his previous pledge that the
Holding statements: (A) holding that where alien was in custody spoke only spanish had limited education and was unfamiliar with this country and its legal procedures in light of his failure to obtain counsel despite his efforts the immigration judge sua sponte if necessary should have continued the hearing so as to provide the petitioner a reasonable time to locate counsel and permit counsel to prepare for the hearing (B) holding that trial courts failure to consider appointing counsel for petitioner in evidentiary hearing was improper where record revealed petitioners lack of education and sophistication petitioner had limited participation in hearing and record indicates that there was abundant doubt raised concerning gordons need for the assistance of counsel (C) holding that trial court abused its discretion in denying petitioners request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared by prison law clerk he had only ninthgrade education he had no training in the law and he lacked the skills necessary to participate in hearing (D) holding that defendants failure to obtain counsel despite opportunities to do so implied a waiver of counsel (E) holding that it was not error for a trial court to have failed to provide sua sponte a competent interpreter where counsel did not request one prior to trial and defendant spoke and understood english well enough to conversantly discuss the crime with a police officer and had no trouble answering questions at the sentencing hearing
holding that trial courts failure to consider appointing counsel for petitioner in evidentiary hearing was improper where record revealed petitioners lack of education and sophistication petitioner had limited participation in hearing and record indicates that there was abundant doubt raised concerning gordons need for the assistance of counsel