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: do not find that MBI has waived this argument on appeal. See Ind. Appellate Rule 49(B). 3 . We also note that MBI did not present any expert testimony, or any other evidence, that would suggest that Orlando's permanent injury to his knee was not caused by the accident. 4 . The prospective juror was struck from the jury pool prior to trial. 5 . MBI also argues that Orlando was only asking for $75,000 in damages. However, Orlando clearly argued that $75,000 was where he thought the jury should begin its discussion for damages, but he did not limit his damages to this amount. Tr. p. 223. 6 . MBI also argues that "[i]f there is no evidence to establish the loss of earning capacity, there can be no recovery on that issue." Scott v. Nabours, 156 Ind.App. 317, 321, 296 N.E.2d 438, 441 (1973) (<HOLDING>). However, the final jury instructions gave a
Holding statements: (A) holding the trial court did not err by withdrawing the issue of loss of earning capacity from the jury when there was no evidence in that regard (B) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (C) holding that the trial court did not err by granting defendants motion for summary judgment (D) holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent (E) holding that trial court did not err
Example Output: (A)

Example Input: Court would apply its own jurisprudence because Braun prescribes an objective just cause standard-the standard Jurgens requests. 65 . Cassel, 14 P.3d at 284 (quoting Univ. of Alaska v. Tovsen, 835 P.2d 445, 447 (Alaska 1992)). 66 . Id. at 284 (quoting Baldwin, 769 P.2d at 304). 67 . See NPMC 2.36.010(A) (stating that purpose of chapter is to "establish and operate a system of personnel administration based upon equitable merit principles and professional methods governing ... removal, [and] discipline ... of employees"), .310(A) (requiring system of "uniform and equitable administration of discipline"), .310(B) (requiring that "discipline [] be administered in increasingly progressive severity"), .321(F) (allowing board to impose "lesser disciplinary action"); Tovsenm, 835 P.2d at 447 (<HOLDING>). 68 . See Braun, 816 P.2d at 142. 69 . See
Holding statements: (A) holding that a termination of a government contract does not constitute a taking of the plaintiffs property without just compensation or without due process of law (B) holding that words found evaluated and unsatisfactory in personnel regulation required an objective just cause termination (C) holding that beyond reasonable doubt standard not required in termination cases (D) holding that termination is an adverse employment action (E) holding that although a reason was provided in the termination letter the without cause termination provision was applicable
Example Output: (B)

Example Input: 944, 565 N.E.2d 215, 218-19 (1990). As the Court already has discussed, none of Cottrell's diverse co-Defendants in this case have been fraudulently joined to defeat diversity. To the extent there is any question about the citizenship of the Allen Cassens Trust, the Albert Cassens Trust, Albert Cassens, Mark Shashek, Marysville Releasing, Inc., Bankhead Transportation Equipment Company, and Bankhead Enterprises, Inc., for diversity purposes, it would have been apparent to Cottrell upon service of the Younts' operative complaint that those Defendants were due to be dismissed from the case under the "seller's exception" to 735 ILCS 5/2-621, at least with respect to the Younts' products liability claims. See Caterpillar, Inc. v. Usinor Industeel, 393 F.Supp.2d 659, 684-85 (N.D.Ill.2005) (<HOLDING>); Link v. Venture Stores, Inc., 286 Ill.App.3d
Holding statements: (A) holding that section 2621 does not apply to claims for breach of warranty (B) holding that warranty claim accrued at tender where 180 day warranty on computer not a warranty for future performance as it involved a remedy only (C) holding that fifra preempts breach of warranty claims based on labeling (D) holding that passenger cannot maintain action for breach of implied warranty to provide safe passage (E) holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty
Example Output:
(A)