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.

Ex Input:
merits of a plaintiffs cause of action ... also implicate the class certification decision," Jackson v. Se. Pa. Transp. Auth, 260 F.R.D. 168, 184 (E.D.Pa.2009), such an inquiry is merely preliminary. Hydrogen Peroxide, 552 F.3d at 317. A plaintiff need not establish by a preponderance of the evidence the merits of its claims at the class certification stage, and any inquiry into the merits that is not necessary to a Rule 23 decision is precluded. Jackson, 260 F.R.D. at 184 (citing Newton, 259 F.3d at 166-67, and Hydrogen Peroxide, 552 F.3d at 317-18). However, the movant must do more than "assur[e] ... the court that it intends or plans to meet the requirements" of Rule 23. Hydrogen Peroxide, 552 F.3d at 318; see also Wachtel v. Guardian Life Ins. Co., 453 F.3d 179, 186 (3d Cir.2006) (<HOLDING>). As with other matters relating to Rule 23
Holding statements: (A) holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right (B) holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity (C) holding that clearly established means the contours of the right were so clear at the time the officials acted that a reasonable official would have understood that what he was doing violated that right (D) holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he or she is doing violates that right (E) holding that there must be full and clear articulation of the litigations contours at the time of class certification

Ex Output:
holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right

Ex Input:
act, 1976 PA 267, MCL 15.261 to 15.275. (3) If the board arbitrarily and capriciously violates section 7(9), the board shall he subject to the penalties prescribed in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. B If "a statute gives new rights and prescribes new remedies, such remedies must be strictly pursued; and a party seeking a remedy under the act is confined to the remedy conferred thereby and to that only." Monroe Beverage Co, Inc v Stroh Brewery Co, 454 Mich 41, 45; 559 NW2d 297 (1997) (quotation marks and citation omitted). However, "[w]hen a statute provides a remedy for enforcement of a common-law right, the statutory scheme is merely cumulative and not exclusive." Morris Pumps v Centerline Piping, Inc, 273 Mich App 187, 201; 729 NW2d 898 (2006) (<HOLDING>). At common law there has always been a remedy
Holding statements: (A) holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration (B) holding that the plaintiffs claims for unjust enrichment were not barred by the availability of relief under the public works bonding act mcl 129201 et seq because a plaintiff enjoyed the right at common law to recover in quantum meruit from a defendant who had been unjustly enriched (C) recognizing that action for quantum meruit relief exists to avoid unjust enrichment (D) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed

Ex Output:
holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration

Ex Input:
own participation in the speech of others. Where public property is a traditional or designated public forum, the government is limited as to what restrictions it can impose, despite the fact that the government is, in effect, subsidizing the speech and participating in it by giving speakers use of the public property. Further, as Forbes makes clear, at least in the context of broadcast political debates, where the government offers its resources to third parties for transmission of those parties' communica tions "with minimal intrusion" by the government, the government may not engage in viewpoint discrimination even in a private forum. See id. at 1640; see also Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819, 834, 115 S.Ct. 2510, 132 L.Ed.2d 700 (1995) (<HOLDING>) In these types of cases, however, the essence
Holding statements: (A) holding that an identity of interest existed between the university and one of its doctors because the university took steps to provide counsel for the doctor and required that all communications concerning the plaintiffs claim be sent to the universitys risk management attorney or to the doctors counsel (B) recognizing private right of action (C) holding that speech addressing a private interest within a letter containing matters of public interest was protected and noting that we have emphasized that speech of public importance is only transformed into a matter of private concern when it is motivated solely by the speakers personal interests quotations omitted (D) holding that if university expends funds to encourage a diversity of views from private speakers then universitys right to control its own speech not at issue (E) holding student activity fees not to be state funds when they were segregated from university funds and the state treasury

Ex Output:
holding that an identity of interest existed between the university and one of its doctors because the university took steps to provide counsel for the doctor and required that all communications concerning the plaintiffs claim be sent to the universitys risk management attorney or to the doctors counsel