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.

[EX Q]: Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans' Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the
Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief
[EX A]: holding that an issue not presented to the trial court will not be considered on appeal

[EX Q]: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date." Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep't 2008)). I agree with Judge Weinstein's well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even
Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
[EX A]: holding that mandatory arbitration agreements in the employment context fall under the faa

[EX Q]: defense or a prima facie case. Although the OAH rule references Rule 60(b), that requirement is not stated in the rule itself. It is derived from our case law. Frausto argues that it is not clear that one in her position (i.e., the successful party at the initial stage of her request for unemployment compensation) is required to show an adequate defense even under Rule 60(b). She cites this court's decision in Lester v. District of Columbia, 806 A.2d 206, 208 n. 2 (D.C.2002) where we observed that an adequate defense is irrelevant to a Rule 60(b) motion filed by a plaintiff. We agree that, in the circumstances of the present case as above-described, no additional showing was required for purposes of the motion. 8 . See Rodriguez v. Filene's Basement, Inc., 905 A.2d 177, 180 (D.C.2006) (<HOLDING>). 9 . Frausto also argues that she has a
Holding statements: (A) holding that review of the construction of a sentencing statute is de novo (B) recognizing de novo standard of review (C) holding that we review legal conclusions of the court of federal claims de novo (D) holding that the oah properly accorded no deference to the determination of the claims examiner where the administrative review of unemployment compensation claims is conducted de novo (E) holding that the proper review for the trial courts application of the law is de novo
[EX A]:
holding that review of the construction of a sentencing statute is de novo