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: making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant's advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) ("Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor's conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless."); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is
Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge

Answer: holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify

Question: (2013) (ex plaining the FDA's view that "promoting a drug for an off-label use is a violation" of the FDCA's misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep't of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA's informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the
Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

Answer: holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation

Question: for employers looking to trick prospective 216(b) opt-in plaintiffs into signing damaging statements. Perhaps HL-A means to fall back on the distinction, recognized in Morgan and Cameron-Grant (and in this Court's December 9 Order), between Rule 23 and 216(b) proceedings. But so what? To say that Rule 23 class actions and 216(b) actions are different is not to conclude that employers may resort with impunity to dishonest, misleading and abusive tactics to obtain declarations from their employees in 216(b) actions, with courts being powerless to remedy the situation. And many cases have expressly recognized district courts' discretion to regulate such communications in the 216(b) context. See, e.g., Kerce v. West Telemarketing Corp., 575 F.Supp.2d 1354, 1366 (S.D.Ga.2008) (<HOLDING>); Maddox v. Knowledge Learning Corp., 499
Holding statements: (A) holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members (B) holding that putative class members are not parties to an action prior to class certification (C) holding that tolling applies to a subsequent class action when the prior denial of class certification was based solely on rule 23 deficiencies of the putative representative (D) holding that even if the offer of judgment was undisputed the case could not be dismissed in light of plaintiffs pending motion for conditional certification including authorization to issue optin notice to putative class members and the fact that one additional plaintiff had already joined the action (E) recognizing that in appropriate circumstances the court may limit the parties communications with putative class members prior to decision on conditional certification question in a 216b action

Answer:
holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members