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.
--------
Question: to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) "Duty" of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241
Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties

Answer: (A)

Question: v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE's discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The "Restricted" Experiments We do not reach the issue of whether the DOE's decision not to include information about "restricted" experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court's ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a
Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived

Answer: (A)

Question: an insurance policy from Life Investors. As a result, Mary's selection of optional insurance did not create a separate, binding insurance contract, but instead arose out of the original Lease. Moreover, Mary did not allege in her complaint that she was an "insured or beneficiary under any insurance policy" as stated in section 15-48-10(b)(4). Instead, Mary's complaint alleged Harrelson breached its fiduciary duty and breached the parties' contract by failing to procure the credit life insurance from Life Investors. Because Mary's asserted causes of action arise out of an automobile lease agreement and not an insurance contract, the circuit court properly held Mary was required to submit her claims against Harrelson to binding arbitration. See Cox, 347 S.C. at 468, 556 S.E.2d at 402 (<HOLDING>). CONCLUSION We conclude the Lease between Mary
Holding statements: (A) holding section 15 4810b4 is a specific exemption limited only to entities within the insurance industry (B) recognizing only specific limited forms of pleadings (C) holding that section 12a2 did not apply to a private placement memorandum which was subject to a section 42 exemption (D) holding a writ was appropriate when the authorization was not limited as to time and not limited to specific healthcare providers (E) holding that bankruptcy jurisdiction is not within section 5 of the fourteenth amendment

Answer:
(A)