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: is limited in applicability to only cases, like this one, in which the total noneconomic damages awarded by the jury were in excess of both of the $250,000 caps and in excess of the $500,000 combined total of both applicable caps; the jury here awarded $1,725,000 in noneconomic damages. 29 . Chesser argues that because a jointly and severally liable defendant possesses a right of contribution, the statutory provisions at issue do not conflict. A right of contribution, however, presupposes that the defendant has actually paid the damages that is, has already been civilly liable for noneconomic damages in excess of the $250,000 cap applicable to that defendant, in violation of the express language of section 74.301(b). See Tex. Civ. Prac. & Rem.Code Ann. 33.015(a), (b) (West 2008) (<HOLDING>). 30 . Appellees concede that Hospital remains
Holding statements: (A) recognizing a right to contribution (B) recognizing that prior to 1949 when the statute permitting contribution among joint tortfeasors was enacted no right of contribution existed between jointtortfeasors in delaware (C) recognizing contribution in the appropriate case (D) recognizing in both subsections a right of contribution when a defendant has paid a percentage of damages greater than his percentage of responsibility (E) recognizing right of contribution against joint tortfeasor where release is obtained on his behalf
Example Output: (D)

Example Input: arbitrators, Eventys argues, the circuit court could have assured that both parties would have an opportunity to make their arguments to that forum. Alternatively, Eventys maintains, the circuit court should have considered and expressly ruled upon Eventys's arguments that the provision purporting to waive class action claims was unconscionable and unenforceable. Eventys further argues that, because the "terms and conditions" did not include a severability provision, the circuit court's necessary determination that FDUTPA's remedial purposes are frustrated by the class action waiver provision would then invalidate the entire arbitration provision. For this argument, Eventys relies principally on the analysis in S.D.S. Autos, Inc. v. Chrzanowski, 976 So.2d 600, 611 (Fla. 1st DCA 2007) (<HOLDING>), and a group of federal cases holding that the
Holding statements: (A) holding that contractual provisions in an arbitration agreement purporting to prohibit consumers from prosecuting class actions for small sums of money per consumer but for a substantial number of consumers are irreconcilably at odds with the remedial purposes of fdutpa contrary to the public policy of this state and unenforceable for that reason (B) holding that when an arbitration clause has provisions that defeat the remedial purpose of the statute the arbitration clause is not enforceable and that the language insulating an employer from damages and equitable relief renders the clause unenforceable (C) holding that arbitration provisions that preclude class actions are not unconscionable (D) holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth (E) holding that the restrictive covenants at issue are unenforceable as a matter of public policy
Example Output: (A)

Example Input: Networks, Inc., 797 F.3d 1020 (Fed. Cir. 2015) (en banc) (per curiam), LifeNet did not pursue an attribution theory at trial. LifeCell posits that the non-removal limitation cannot be met until an independent third party, such as a surgeon, actually prepares and uses the accused products, and it is unknown at the time that LifeCell sells a graft if and how that graft will be used for transplantation. LifeNet counters that "the final product that leaves LifeCell's hands is complete and ... infringes in that condition" without affirmative action by a third party. Response Br. 44. We agree with LifeNet. Functional limitations recited in the negative may describe a capability or structural element. See Amgen Inc. v. Hoechst Marion Roussel, Inc., 314 F.3d 1313, 1329 (Fed. Cir. 2003) (<HOLDING>). Here, the preceding language in each asserted
Holding statements: (A) holding that allegations of isolated acts of fraud occurring over an eighteenmonth period did not meet the continuity element (B) holding that nonnaturally occurring and not isolated were structural elements defining the source of the claimed material rather than steps for obtaining it (C) recognizing code rather than state law as the genesis of an oversecured creditors entitlement to interest out of estate assets regardless of the source of the hen (D) holding that effect of suit rather than the purpose for which it was brought is controlling for purposes of the fifth factor (E) holding that the tax was not direct even though the government imposed it on the estate rather than the recipient
Example Output:
(B)