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.

Example Input: a habeas petition, and since his administrative remedies are now exhausted, this claim can proceed. B. Fox's Notification Challenge is Properly Before The Court The second half of Fox's claim relating to the notification requirement of the statute, see 18 U.S.C. 4042(c)(2), is properly brought by him as a petition for a declaratory judgment. Notification claims do not relate to the fact or duration of confinement, therefore challenge to a notification requirement is not properly brought as a habeas petition. See Bunn v. Conley, 309 F.3d 1002, 1008-09 (7th Cir. 2002) ("The notification scheme [under 18 U.S.C 4042(b) governing violent offender notification] in no way affects the duration, much less the fact, of confinement."); Henrikson v. Guzik, 249 F.3d 395, 397 n. 4 (5th Cir.2001) (<HOLDING>); Royce v. Hahn, 151 F.3d 116, 118 (3d
Holding statements: (A) holding that a 2241 petitioners claim was not cognizable under 2241 and therefore the district court lacked jurisdiction (B) holding that because henrikson is not challenging the fact or duration of his confinement subject matter jurisdiction is not present under 28 us 2241 (C) holding that subject matter jurisdiction under 2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution (D) holding that under the fsia personal jurisdiction depends upon the district court finding subject matter jurisdiction under 28 usc 1330a and proper service under 28 usc 1608 (E) holding that district courts have jurisdiction under 28 usc 2241 to review cat claims for errors of law including the erroneous application or interpretation of statutes
Example Output: (B)

Example Input: (3) the de fendant's culpability in the fraud perpetrated by the controlled person. See Securities & Exchange Com'n v. First Jersey Securities, Inc., 101 F.3d 1450, 1472 (2d Cir.1996). First, as the Court has found, plaintiffs have failed properly to plead a violation of the 1934 Act. Second, as we also have noted, plaintiffs have failed properly to allege scienter and/or culpability on the part of "Merrill Lynch." Even had we found a properly pled violation of the 1934 Act, we would not automatically impute this violation to "Merrill Lynch" as a controlling entity. See Baesa, 969 F.Supp. at 242 ("[T]he law in this circuit is clear that a subsidiary's fraud cannot be automatically imputed to its corporate parent."). See also Chill v. General Elec. Co., 101 F.3d 263, 270 (2d Cir.1996) (<HOLDING>). Novak, 997 F.Supp. at 435. Finally the Court
Holding statements: (A) holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent although something more than mere passive investment by the parent is required the parent must have and exercise control and direction over the affairs of its subsidiary in order for venue to be proper (B) holding that district court has the power to decide what portion of subsidiarys income should be reallocated to its parent (C) holding that a parent company would at the very least have to have been deliberately blind to its subsidiarys fraud in order to have the requisite scienter (D) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (E) holding that a subsidiarys contacts can be imputed for purposes of service of process where a parent uses the subsidiary to do what it otherwise would have done itself
Example Output: (C)

Example Input: Garcia's argument stumbles at the starting gate because he does not explain how Rule 23 conflicts with the "more lenient" standard he proposes under Massachusetts law. Garcia suggests that Rule 23 might interfere with his substantive right to proceed as a class. But he does not explain how a class certification analysis under Massachusetts law would proceed any differently from a Rule 23 analysis. See United States v. Zannino, 895 F.2d 1, 17 (1st Cir.1990) ("It is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel's work, create the ossature for the argument, and put flesh on its bones."). Nor do the cases cited by Garcia shed any light on what a "more lenient" standard would look like here. See Machado, 989 N.E.2d at 470 (<HOLDING>); Sebago v. Tutunjian, 85 Mass. App.Ct. 1119, 7
Holding statements: (A) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (B) holding that the federal arbitration act requires enforcement of class action waivers in arbitration clauses even when massachusetts law provides for a substantive right to bring a class proceeding (C) holding that the district court did not err by compelling individual rather than class arbitration because the relevant agreements were silent as to class arbitration (D) holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act (E) holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action
Example Output:
(B)