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.

[Q]: 2505. III. DISCUSSION A. No Private Cause of Action Under IGRA As an initial matter, the court dismisses all of plaintiffs claims against all defendants brought pursuant to alleged violations of IGRA. The court, following the majority of courts who have decided the issue, finds that IGRA provides no private right of action against the Tribe, the State, the federal government or any official or agency thereof. See, e.g., Tamiami Partners, Ltd. v. Miccosukee Tribe of Indians, 63 F.3d 1030, 1049 (11th Cir.1995)(finding plaintiff failed to state a claim against tribe for alleged failure to comply with IGRA's licensing requirements because no implied cause of action in IGRA); American Greyhound Racing, Inc. v. Hull, 146 F.Supp.2d 1012, 1053 (D.Ariz.2001)(citing 25 U.S.C. 2710(d)(7)(A))(<HOLDING>); Jimi Dev. Corp. v. Ute Mountain Ute Indian
Holding statements: (A) holding that no private right of action exists (B) holding that there is no private right of action for any person under 13d (C) holding that the scope of section 541 is broad and includes all kinds of property including causes of action (D) recognizing private right of action (E) holding only three kinds of entities are expressly given causes of action under igraindian tribes states and the united statesand there is no implied private right to enforce igra
[A]: (E)

[Q]: a right to enjoy over the land of another for the benefit of the easement holder's land, but it does not create an interest in the land itself." (footnote omitted; emphasis added)). 2 . 25 Am. Jur. 2d Easements and Licenses 100 (2004) (footnotes omitted); see Cameron v. Barton, Ky., 272 S.W.2d 40, 42 (1954) ("Appellant finally contends that the easement in controversy was extinguished by merger when a former owner of the dominant estate bought an adjoining lot which offered a means of ingress and egress to and from the Highway Department's property. The answer to this contention is that the doctrine of merger could not apply because the former owner of the dominant estate did not acquire the ser-vient estate." (emphasis added)); Sievers v. Flynn, 305 Ky. 325, 204 S.W.2d 364 (1947) (<HOLDING>); City of Franklin v. St. Mary's Roman Catholic
Holding statements: (A) holding that owners of a dominant estate had a duty to keep the easement in a proper state of repair to avoid damaging the servient estate through erosion (B) holding that the burden on the servient estate cannot be increased without the consent of the owners of the servient estate and that the owner of the dominant estate to which the appurtenant easement is attached has no power to convey or expand use of that easement in connection with a tract of land owned by another (C) holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership (D) holding that an express easement ran with the dominant estate (E) recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement
[A]: (C)

[Q]: was not altered."). Rather, we believe that the "burden-shifting" approach advanced in Southmre strikes the appropriate balance by maintaining plaintiffs burden of persuasion, but eliminating the possibility that defendant may prevail on the bare allegation that some unidentifiable change occurred in the product. Cf. Hurd v. American Hoist & Derrick Co., 734 F.2d 495, 501 (10th Cir.1984) (ruling that the mere "conclusory statement" that substantial change had occurred was insufficient to create a jury question). This balance, we note, comports with the underlying philosophy of strict products liability, leaving the ultimate burden of proof with the party in control of the product when the substantial change allegedly would have occurred, see Stewart, 52 Haw. at 75, 470 P.2d at 243 (<HOLDING>), but still advancing the public interest in
Holding statements: (A) recognizing that a violation of the mbta is a strict liability offense (B) recognizing that substantial change is a defense to a products liability claim (C) recognizing products liability and products actions based on negligence as part of the general maritime law (D) recognizing the significance of control in strict products liability (E) recognizing strict product liability actions
[A]:
(D)