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.

Example Input: two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of "no evidence to support the finding." See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as "a matter of law." See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of
Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice
Example Output: holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice

Example Input: Center. v. National League of Postmasters of U.S., 497 F.3d 972, 974-75 (9th Cir.2007) (finding that Cedars-Sinai's claims were not preempted because they were "predicated not on the [service benefits] plan" but on a separate contract between the carrier and the medical services provider). Plaintiffs claim that Plaintiff never received compensation for the emergency care of B.G. directly relates to the processing and administration of the enrollee's covered claims which is governed by the Service Benefits Plan and the Contract between Blue Shield and OPM. Any obligation that Blue Shield could have to pay Plaintiff stems directly from the B.G.'s enrollment in the Service Benefit Plan and directly relates to the payment of B.G.'s benefits under the plan. See Hayes, 819 F.2d at 926 (<HOLDING>); Botsford, 314 F.3d at 396 ("Because the
Holding statements: (A) holding that tort claims arising out of the manner in which a benefit claim is handled are preempted by fehba (B) holding that breach of fiduciary duty claim was preempted by fehba (C) holding state law claims arising out of unions refusal to readmit union members preempted by 301 (D) holding that fehba does not completely preempt state law (E) holding that the plaintiffs state law claims are preempted by federal law
Example Output: holding that breach of fiduciary duty claim was preempted by fehba

Example Input: Hall, because the exposure was not alleged in the allegations of the indictment, nor could it be deduced from the face of the indictment. Id. Moreover, the State argues that the court of appeals expressly relied on the facts of the case to reach its conclusion, but the facts of the case are irrelevant in a cognate-pleadings analysis. See Hall, 225 S.W.3d at 535-36. The State also argues that if two offenses are not the same under Block burger, it is presumed that the Legislature intended to allow multiple punishments, absent a clear manifestation of intent to the contrary. See Gonzales v. State, 304 S.W.3d 838, 845 (Tex.Crim.App.2010); see also Blockburger, 284 U.S. at 304, 52 S.Ct. 180. And the State contends that, if the Legislature's intent is unclear as to w (Tex.Crim.App.1999) (<HOLDING>). Finally, the State argues that indecency with
Holding statements: (A) holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses (B) holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted (C) holding in a multiplepunishment case that aggravated sexual assault focuses on prohibited conduct (D) holding attempted aggravated assault on a law enforcement officer is not a crime in florida (E) holding unlawful restraint an included offense of aggravated criminal sexual assault so conviction on the former was vacated
Example Output:
holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses