instruction:
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.
question:
note that, contrary to Kooby and EHI's assertion, the trial court is not required to hold a hearing on this m 2d 814) (1991) (same). 10 Rogers v. Norris, 262 Ga. App. 857, 857 (1) (586 SE2d 747) (2003) ("Although we review the trial court's decision for an abuse of discretion, 'the trial court must make findings on these issues before we may determine whether its discretion was abused.' " (quoting Ga. Dep't of Human Res. v. Patillo, 194 Ga. App. 279, 279 (390 SE2d 431) (1990))); see also Wood v. Notte, 238 Ga. App. 748, 749 (1) (519 SE2d 923) (1999) (same); Crenshaw, 202 Ga. App. at 611 (1) (same). 11 See Rogers, 262 Ga. App. at 857 (1) ("Failure to make [findings of fact] mandates that we vacate the order dismissing the appeal and remand the case Ga. App. 40, 43 (555 SE2d 508) (2001) (<HOLDING>); A. Roberts Corp. v. Roberts, 207 Ga. App.
Holding statements: (A) holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it (B) holding that trial court made sufficient findings of fact when it dismissed appeal (C) holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case (D) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (E) holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact
answer:
holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it

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the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides' summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection
Holding statements: (A) holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract (B) holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm (C) holding that no recovery exists for speculative damages (D) holding that nominal damages award was appropriate where the evidence supporting the damages was speculative (E) holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery
answer:
holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract

question:
In contrast to these laws which have been found to have a tenuous connection with employee benefit plans, the Supreme Court has found that common law breach of contract and tort claims against an insurance company based on the improper processing of benefits is preempted. Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 47, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987). The Eleventh Circuit has further explained that section 514(a) has been interpreted to preempt certain state common law causes of action "whenever the alleged conduct at issue is intertwined with the refusal to pay-benefits." Garren v. John Hancock Mutual Life Ins. Co., 114 F.3d 186, 187 (11th Cir.1997) (per curiam); see also Variety Children's Hosp., Inc. v. Century Medical Health Plan, Inc., 57 F.3d 1040, 1042 (11th Cir.1995) (<HOLDING>); Howard v. Parisian, 807 F.2d 1560, 1564 (11th
Holding statements: (A) holding that fifra preempts state law failure to warn claims (B) holding that erisa preempts the texas dtpa because plaintiff relied on state law to advance his complaint that his benefits under the plan were terminated (C) holding erisa preempts state contract and tort actions based on improper processing of claims for benefits (D) holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans (E) holding that erisa preempts state law claims of fraud and misrepresentation that are based upon the failure of a covered plan to pay benefits
answer:
holding that fifra preempts state law failure to warn claims