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.

Input: Consider Input: strengthen, not displace, any existing remedies employees may. have at law." Id. It is clear from these excerpts that the STAA was not enacted to completely preempt state law remedies for retaliation against an employee who refuses to violate safety provisions. See Todd v. Frank's Tong Service, Inc., 784 P.2d 47, 49-50 (Okla.1989) (noting that Congressional intent surrounding enactment of the STAA demonstrates that state law claims are not preempted); see also Parten v. Consolidated Freightways Corp., 923 F.2d 580, 583 (8th Cir.1991) (conclude ing that the Minnesota public policy statute was not an obstacle to the STAA and that Congress did not intend to occupy the entire field of interstate motor carriers); Whitworth v. TNT Bestway Transp., Inc., 914 F.Supp. 1434, 1436 (E.D.Tex.1996) (<HOLDING>); Dobberowsky v. Cryogenic Transp., Inc., 989
Holding statements: (A) holding texas exemption law was not preempted by erisa due to savings clause (B) holding that texas whistleblowers act was not preempted by the staa (C) holding a claim of a violation of the texas dtpa is preempted by the carmack amendment (D) holding that the age discrimination in employment act was not preempted by the nlra (E) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied

Output: holding texas exemption law was not preempted by erisa due to savings clause

Input: Consider Input: statement during closing argument regarding his personal opinion of the defendant's guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor's improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that "the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct"); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P.
Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc 1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

Output: holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment

Input: Consider Input: to deal "honestly and openly" arose from the special relationship he fostered with plaintiffs over numerous years as their guru and spiritual counselor. It is well established that a fiduciary duty arises when one reposes faith, confidence, and trust in another's judgment and advice. Van Brode Group, Inc. v. Bowditch & Dewey, 36 Mass.App.Ct. 509, 516, 633 N.E.2d 424 (internal quotations omitted),further appellate review denied, 418 Mass. 1105, 639 N.E.2d 1081 (1994). However, plaintiffs cite no Massachusetts cases, nor is the court aware of any, that recognize a fiduciary duty in the spiritual counseling context. It is true that some jurisdictions have acknowledged such a duty. See Martinelli v. Bridgeport Roman Catholic Diocesan Corp., 10 F.Supp.2d 138, 1998 WL 338213 (D.Conn.1998) (<HOLDING>); DeStefano v. Grabrian, 763 P.2d 275, 284
Holding statements: (A) holding that first amendment barred consideration of negligent supervision claim against diocese for sexual relationship between adult parishioner and priest while the priest was counseling the parishioner in his position as a hospital chaplain (B) holding that first amendment barred negligent supervision claim against a church regarding sexual relationship between adult parishioner and priest during the course of a marital counseling (C) holding that first amendment barred adult parishioner who engaged in sexual relationship with priest during the course of pastoral counseling from bringing intentional infliction of emotional distress negligence and breach of fiduciary duty claims (D) holding that first amendment barred adults breach of fiduciary duty claim against pastor for actions that occurred when parishioner was a minor (E) recognizing fiduciary relationship under connecticut law between parishioner and diocese where parishioner had been sexually abused by diocesan priest
Output: holding that first amendment barred consideration of negligent supervision claim against diocese for sexual relationship between adult parishioner and priest while the priest was counseling the parishioner in his position as a hospital chaplain