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: policy becomes a composite of factors that bear on a better answer to the question, 'How shall the losses be distributed?' "). Slain and Kripke argued that "[t]he situation with which we are concerned involves two risks: (1) the risk of business insolvency from whatever cause; and (2) the risk of illegality in securities issuance." Slain & Kripke, supra, at 286. Analyzing the first risk that of business insolvency-Slain and Kripke observed that the absolute priority rule allocates this risk to shareholders. Under the absolute priority rule, "stockholders seeking to recover their investments cannot be paid before provable creditor claims have been satisfied in full." Id. at 261; see generally Consol. Rock Prods. Co. v. Du Bois, 312 U.S. 510, 520-21, 61 S.Ct. 675, 85 L.Ed. 982 (1941) (<HOLDING>); Case v. Los Angeles Lumber Prods. Co., 308
Holding statements: (A) holding that claims raised in later litigation were barred because they could have been fully litigated in chapter 11 reorganization process (B) holding that stockholders cannot participate in a plan of reorganization unless creditors claims have been satisfied in full (C) holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions (D) holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive (E) holding that debtor whose plan of reorganization had been confirmed by bankruptcy court could not later bring lender liability claims against creditors where those claims could have been raised in bankruptcy proceeding
Example Output: (B)

Example Input: is correct. We will also assume that the court's erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR's statement that he "recruited Wornick and Sella" into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, "[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes." United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant's recruitment of co-conspirators supports a 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304
Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under 3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under 3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under 3blla in part because he recruited coconspirators
Example Output: (E)

Example Input: employer's passive acquiescence in her leaving the premises and driving away in her own vehicle, acts they had no legal right to prevent, is simply not enough to impose a duty on this employer who was totally blameless in the condition [the employee's] intoxicated state that led. to the accident and the plaintiffs injuries. Id. at 105. See also Riddle v. Arizona Oncology Servs. Inc., 186 Ariz. 464, 924 P.2d 468 (App.1996) (finding no duty where supervisor ordered the employee to leave the defendant's premises prior to the end of her shift; employer did not order or require the employee to drive; and the employee's intoxication was not caused, contributed to, or condoned by the employer); Howard v. Delco Div. of General Motors Corp. Inc., 41 Ohio App.3d 145, 534 N.E.2d 936 (1987) (<HOLDING>). As the Tennessee Court of Appeals found in
Holding statements: (A) holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made (B) holding that employee who resigned left voluntarily where employer accepted resignation told employee not to come to work anymore and paid employee through end of notice period (C) holding that employer did not have duty to protect allegedly intoxicated employee from risk that employee would have automobile accident after leaving work (D) holding that employee may claim contract created based on employer promise of severance pay to employee (E) holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project
Example Output:
(C)