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.

Input: Consider Input: See Ledley v. William Penn Life Ins. Co., 138 N.J. 627, 651 A.2d 92, 95 (1995). However, apart from any persuasive weight afforded the Ninth Circuit's decision in C'Est Moi, NHIC proffers no case law specifically suggesting that common law doctrines such as uberrimae fidei and equitable fraud may not be modified or superseded by a contractual agreement between the insurer and the insured. On the contrary, as we have noted, a number of courts have embraced the ability of parties to contract around common law. See, e.g., King, 906 F.2d at 1540-41; Conn. Indem. Co., 390 F.Supp.2d at 166-67; Progressive N. Ins. Co., 314 F.Supp.2d at 829-30; see also, e.g., McBride v. Hartford Life & Accident Ins. Co., 2007 WL 5185293, at *18, 2007 U.S. Dist. LEXIS 16917, at **64-65 (E.D.Pa. Jan. 29, 2007) (<HOLDING>). 19 . NHIC points out that during a telephone
Holding statements: (A) holding an insurer has a right to rely on statements made in an insurance application (B) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (C) holding that insurance application clause modified federal common law governing misrepresentations because once an insurer has entered into a policy by using an application form more favorable to the insured than the law provides it may not rely on a rule of law which is more stringent than the application form quoting espinosa v guardian life ins 856 fsupp 711 717 dmass1994 (D) holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law (E) recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous

Output: holding an insurer has a right to rely on statements made in an insurance application

Input: Consider Input: in the public interest." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). Under the Ninth Circuit's "sliding scale" approach, however, "serious questions going to the merits and a hardship balance that tips sharply toward the plaintiff can support the issuance of an injunction, assuming the other two elements of the Winter test are also met." Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011). The "sliding scale" approach allows "district courts to preserve the status quo where difficult legal questions require more deliberate investigation." Greene v. Wells Fargo Bank, N.A., No. C 15-00048 JSW, 2015 WL 3945996, at *1 (N.D. Cal. June 26, 2015); see also Leiva-Perez v. Holder, 640 F.3d 962, 971 (9th Cir. 2011) (<HOLDING>). IY. Analysis . As a threshold matter, the
Holding statements: (A) holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted (B) holding that the standard for permanent injunction is the same as that for preliminary injunction with the one exception being that the plaintiff must show actual success on the merits rather than likelihood of success (C) holding that success on a motion to sever requires a strong showing of prejudice (D) holding that under the sliding scale approach a petitioner had made a sufficiently strong showing of likely success on the merits where he presented a case which raises serious legal questions or has a reasonable probability or fair prospect of success (E) holding that injunctive relief may be warranted where there is a particularly strong likelihood of success on the merits even if there is a relatively slight showing of irreparable injury

Output: holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted

Input: Consider Input: have been on notice regarding the ongoing thefts. Specifically, the amended complaint alleges that "Paul and Steven Mancuso informed FBI agents of the parking meter thefts between their guilty verdict on or about October 28, 2009 and the date set for sentencing on or about May 24, 2010." See Dkt. No. 22 at 84. The amended complaint further alleges that "[t]he FBI questioned Ronald Mancuso in late November of 2009. On Wednesday, November 25, 2009, Ronald Mancuso confessed to the parking meter theft scheme." See id. at 87. This passing reference to these events does not meet the high bar courts have set in order to recognize documents extraneous to the complaint as "incorporated by reference." See Global Network Commc'ns, Inc. v. City of New York, 458 F.3d 150, 156 (2d Cir.2006) (<HOLDING>); Thomas v. Westchester County Health Care
Holding statements: (A) holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added (B) holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional (C) holding that a complaints reference to a guilty plea does not make the transcript of the plea proffer integral to the complaint (D) holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea (E) recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea
Output: holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added