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.

Ex Input:
918 F.2d 154, 159 (11th Cir.1990). A district court should grant a preliminary injunction only if the movant clearly shows: 1. a substantial likelihood that the mov-ant will prevail on the merits; 2. that the movant will suffer irreparable injury if an injunction is, not issued; 3. that the potential injury to the mov-ant outweighs the possible harm to the nonmovant; and 4. that the injunction would not be adverse to the public interest. Id. This Court will address each element in turn. 1. SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS To begin, the instant ease is controlled by this Court's decision in Luckie v. Smith Barney, 766 F.Supp. 1116 (M.D.Fla.1991). In Luckie, the plaintiffs filed a complaint with AAA pursuant to the AMEX Window. Id. The defendants argued th 2nd Cir.1990) (<HOLDING>). Also, in Merrill Lynch v. Noonan, [Current]
Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (C) holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision (D) holding that an arbitration agreement is separable from the underlying agreement (E) holding that a specific customer agreement can supersede the amex constitution and requiring arbitration before one of the fora named in the agreement

Ex Output:
(E)

Ex Input:
the B-side breakers were cross-phased caused transformer B to fail, and the failure of transformer B necessitated its testing, removal, oil disposal, repair and reinstallation. No additional link in the causal chain was necessary to bring about the injury or damages. The parties can be "conclusively presumed to have foreseen" that Powell's substandard performance would result in the failure of the transformer and that failure of a transformer would require HP to incur costs associated with repairing it. Cf. Arthur Andersen, 945 S.W.2d at 816. We are not persuaded otherwise by Powell's argument that direct damages in this case should be limited to the cost of uncrossing the wrongfully crossed cables or the difference between the value of Powell's actual services and the value of t *8-9 (<HOLDING>). Powell asserts that these provisions refer to
Holding statements: (A) holding that where electricity supplier had its employees on construction site from time to time in connection with supplying temporary electricity any knowledge suppliers employees had of building construction was incidental to supplying electricity thus construction worker who was injured when he contacted live highvoltage electrical transmission lines wholly failed to establish any reason why electricity supplier should have foreseen injury and no duty arises to act to prevent such unanticipated injury (B) holding costs of providing power during construction delay were direct damages because contract provision specified that owner would provide electricity to construction site (C) recognizing the rights of third parties who were not signatories to a construction contract (D) holding that construction safety manuals and codes were properly admitted as objective standards of safe construction (E) holding that whether clause in construction contract providing that no damages would be available for delay was enforceable was a factual question where there was evidence that damages resulted from unreasonable delay beyond the contemplation of the parties

Ex Output:
(B)

Ex Input:
Therefore, General Cigar may not rely on the interviews to show conduct supporting its acquiescence and estoppel claims. Finally, silence may constitute cause for equitable estoppel if a duty to speak exists. Kosakow v. New Rochelle Radiology Assoc., 274 F.3d 706, 725-26 (2d Cir.2001). A duty to speak may arise if the party's silence will mislead the infringer into believing that an infringement claim will not be asserted. General Elec. Capital Corp. v. Eva Armadora, S.A., 37 F.3d 41, 45 (2d Cir.1994) ("Silence in the face of an explicit contrary assumption by an innocent party may constitute a concealment of facts or a false representation for estoppel purposes."); Forest Laboratories Inc. v. Abbott Laboratories, 96 Civ. 159-A, 1999 WL 33299123, at * 22 (W.D.N.Y. June 23, 1999) (<HOLDING>). Cubatabaco's silence lasted from January 1994
Holding statements: (A) holding that a city was equitably estopped from denying the accuracy of blueprints and specifications given to a party who had been contracted to build a sewer for the city (B) holding party was estopped by silence (C) holding that licensee was not estopped from challenging the validity of a trademark (D) holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party (E) holding that a party was not judicially estopped from departing from a claim construction theory unsuccessfully advocated before the trial court

Ex Output:
(B)