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.
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Question: reasoning of these cases. Moreover, we believe that declaratory relief is also moot when the challenged acts have already "irretrievably occurred." Accordingly, we apply the teachings of N.J. Tpk. Auth., that the claim for injunctive relief had become "academic by reason of these changed circumstances .... " Id. at 27. Here, as in N.J. Tpk. Auth., the challenged action awarding the contracts has already occurred, and the work required by them has already been performed. There is no longer a " 'subject matter upon which the judgment of the court can operate' to make a substantive determination on the merits." Id. at 30 (quoting Ex parte Baez, 177 U.S. 378, 390, 20 S.Ct. 673, 44 L.Ed. 813 (1900)); see also Jersey Cent. Power and Light Co. v. State of N.J., 772 F.2d 35, 36 (3d Cir.1985) (<HOLDING>). II. For Appellants to be prevailing parties
Holding statements: (A) holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot (B) holding that plaintiffs who sought injunctive relief under 42 usc 1983 could get same relief in a state court mandamus action (C) holding that a challenge to a mining plan was moot where the action sought to be enjoined hadbeen completed (D) holding that a court may award injunctive relief against a state officer (E) holding that injunctive claim was rendered meaningless since the state action sought to be enjoined has irretrievably occurred

Answer: holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot

Question: Standards Enforcement v. Dillingham Constr., Inc., 519 U.S. 316,-, 117 S.Ct. 832, 838, 136 L.Ed.2d 791 (1997) (citations omitted). The Supreme Court has held that ERISA preempts state common law tort and contract causes of action asserting improper processing of a claim for benefits under an insured employee benefit plan. Pilot Life, 481 U.S. at 57. The detailed provisions of ERISA 502(a) set forth a comprehensive civil enforcement scheme that "would be completely undermined if ERISA-plan participants and beneficiaries were free to obtain remedies under state law that Congress rejected in ERISA." Id. at 54, 107 S.Ct. 1549. Similarly, we have held that state law tort and contract claims as well as violations of a state insurance statute are preempted by ERISA. Tingey, 953 F.2d at 1131 (<HOLDING>). In a factually similar case, we held that
Holding statements: (A) holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations (B) holding plaintiffs causes of action for breach of contract breach of the duty of good faith and fair dealing intentional infliction of emotional distress and violations of the arizona insurance code were preempted by erisa (C) holding that erisa 514a preempts claims for breach of contract breach of duty of good faith and fair dealing negligence and intentional infliction of emotional distress (D) holding that a claim for intentional infliction of emotional distress was preempted where it was based on the same conduct as a preempted claim for breach of the covenant of good faith and fair dealing (E) holding that the plaintiffs state common law causes of actions for breach of contract and breach of the duty of good faith and fair dealing as well as a statutory cause of action for unfair insurance practices under the california insurance code were preempted by erisa

Answer: holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations

Question: to sustain a conviction on each offense." Thomas v. State, 277 Md. 257, 262, 353 A.2d 240, 244 (1976). For d stribute and possession are the same offense, we must next determine if retrial for the same offense is barred by double jeopardy. The double jeopardy prohibition against retrial for the same offense attaches in a jury trial when the jury is empaneled and sworn. See Illinois v. Somerville, 410 U.S. 458, 467, 93 S.Ct. 1066, 1072, 35 L.Ed.2d 425, 433 (1973); Blondes v. State, 273 Md. 435, 444, 330 A.2d 169, 173 (1975). Thus, after jeopardy attaches, retrial is barred if a mistrial is declared without the defendant's consent unless there is a showing of "manifest necessity" to declare the mistrial. See United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165, 165 (1824) (<HOLDING>). Although there is no clear test to determine
Holding statements: (A) holding that the trial court can and should grant a new trial if the manifest weight of the evidence is contrary to the verdict (B) holding that once the defendant is before the court the court will not inquire into the circumstances surrounding his presence there (C) holding that adverse credibility determinations under the real id act must take into consideration the individual circumstances of the applicant (D) holding that the trial court was not authorized to dismiss misdemeanor charges without the states consent on the basis that the state had refused to consent to fishers waiver of a jury trial (E) holding that a trial court may discharge a jury without the defendants consent whenever taking all the circumstances into consideration there is a manifest necessity for the act

Answer:
holding that the trial court can and should grant a new trial if the manifest weight of the evidence is contrary to the verdict