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:
unpublished decisions, "[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim." Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether "there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation" in assessing whether the district court's abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir.
Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

Ex Output:
(E)

Ex Input:
before it was in assumpsit for attorney fees purposes. See Schulz, 67 Haw. at 436, 690 P.2d at 282. Although Higa is not directly on point, its reasoning is a compelling indication of how the Hawaii Supreme Court would rule on the attorney fee question before us. The plaintiffs also seek to distinguish Higa because it involved a client suing his own attorney, and thus in that case there was privity of contract between the two parties. In the present case, Mrs. Helfand was a third-party beneficiary to the contract between the defendants and Mr. Helfand. This distinction is irrelevant. Courts have extended the right to sue for breach of contract to intended third-party beneficiaries. See, e.g., Dawes v. First Ins. Co. of Hawai'i, 77 Hawai'i 117, 128 n. 12, 883 P.2d 38, 48 n. 12 (1994) (<HOLDING>); Hunt v. First Insurance Co. of Hawaii, 82
Holding statements: (A) holding that thirdparty claimants are intended beneficiaries under optional automobile liability insurance policies (B) recognizing common law cause of action as thirdparty beneficiary (C) holding that the shareholders were not thirdparty beneficiaries because they were not directly benefited by the contract between the government and the thrifts (D) recognizing noncontracting parties rights as thirdparty beneficiaries of an insurance contract (E) holding that shareholders lack standing to sue as thirdparty beneficiaries to allegedly breached contract unless the contract indicates the intent to benefit them directly independently of their shareholder status

Ex Output:
(D)

Ex Input:
determinative, the existence of a Swedish statutory scheme for the Mission's employees weighs in support of the conclusion that the plaintiffs employment was intertwined with the governmental function of the Mission. See Kato, 360 F.3d at 109; Hijazi, 689 F.Supp.2d at 671. This is true even though the plaintiff may not have been a civil servant under Swedish law because "[o]ther countries are free to structure employment relationships in ways that do not mimic civil service protections now common to the United States and many European states, without thereby sacrificing the immunity conferred by the FSIA, as long as the sovereign, by extending the employment, is engaging in 'governmental' rather than 'commercial' activity." Kato, 360 F.3d at 113; cf. El-Hadad, 496 F.3d at 664 & n.2 (<HOLDING>). Under Kato, the plaintiffs employment was
Holding statements: (A) holding that the employment of some noncivil servants can properly be characterized as noncommercial (B) holding that having to report to the police being subject to regular questioning and surveillance and having difficulty finding employment can reasonably be characterized as mere harassment (C) holding that nonconsensual oversecured creditor shall receive the statutory rate of interest unless it can be characterized as a penalty (D) holding that a nonjury juvenile adjudication that afforded all constitutionallyrequired procedural safeguards can properly be characterized as a prior conviction for apprendi purposes (E) holding that an ex post facto claim can only be successful if the law can be characterized as punishment in the constitutional sense

Ex Output:
(A)