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.

Law. 11-12 (Nov. 1994) ("The side with the best case almost always wins, and the performance of the lawyers almost never matters. Some of the best lawyering I've ever seen has resulted in spectacular losses. And some of the most bumbling lawyers have had the fortune of attaching themselves to strong, and therefore winning, cases."). 50 . See Attorney Grievance Comm'n of Md. v. Snyder, 368 Md. 242, 793 A.2d 515, 531 (2002) (finding that attorney's failure to research whether his client, a criminal defendant, needed to be present at her initial appearance, as well as his failure to have her arrest warrant recalled once he learned of its issuance, provided sufficient evidence that he had violated MRPC 1.1); Attorney Grievance Comm'n of Md. v. Mooney, 359 Md. 56, 753 A.2d 17, 26-27 (2000) (<HOLDING>). 51 . Stip. Ex. 26 at Beecher00203. 52 . See
Holding statements: (A) holding that under texas law the mere representation of a party in a lawsuit does not establish privity between an attorney and his or her client (B) holding client is not liable for actions of attorney who misled client as to the status of case (C) holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client (D) holding that an attorney whose office staff incorrectly instructed a client that he need not appear in court for trial provided incompetent representation (E) holding an attorney is an agent of the client and therefore cannot conspire with the client
holding that under texas law the mere representation of a party in a lawsuit does not establish privity between an attorney and his or her client

how much more of a connection to interstate commerce, if any, must be shown under a substantial rather than a de minimis standard. See Russell, 471 U.S. at 859-60 n. 4, 105 S.Ct. 2455 (suggesting in a pre-Lopez opinion that, under the Commerce Clause, Congress could only reach criminal activity " 'substantially affecting interstate commerce.' "). It is clear, however, that the direct interstate connection required by Instruction 10 is much more substantial than the indirect interstate connection articulated by the government and disapproved of by the Court in Lopez. In Lopez, the connections articulated by the government between the possession of a firearm in a local school zone and interstate commerce were, to say the least, attenuated. See Lopez, 514 U.S. at 567, 115 S.Ct. 1624 (<HOLDING>); see also Hicks, 106 F.3d at 189 (describing
Holding statements: (A) holding that a reasonable inference need not be the sole possible inference (B) holding that adverse inference rule is permissive (C) recognizing that a vital fact may not be established by piling inference upon inference (D) holding that the nonmovant need not be given the benefit of every inference but only of every reasonable inference (E) recognizing that to uphold the government contentions would require the court to pile inference upon inference
holding that a reasonable inference need not be the sole possible inference

for misrepresentation differs from the tort of deceit wherein plaintiff must prove intent on the part of the defendant to mislead or defraud." Sims v. Craig, 96 N.M. at 35, 627 P.2d at 877. "The theory of liability for this tort[, negligent misrepresentation,] is one of negligence rather than of intent to mislead." Sims v. Craig, 96 N.M. at 35, 627 P.2d at 877. The tort of negligent misrepresentation is available to a plaintiff that " 'cannot or does not wish to rescind, and cannot meet the proof required for the tort of fraud or deceit (as a) ... remedy for damages caused by misrepresentation short of fraud.' " Sims v. Craig, 96 N.M. at 35, 627 P.2d at 877 (quoting Maxey v. Quintana, 84 N.M. 38, 41, 499 P.2d 356, 359 (Ct.App.1972)). See Sims v. Craig, 96 N.M. at 35, 627 P.2d at 877 (<HOLDING>). ANALYSIS The Court does not believe that
Holding statements: (A) holding negligent misrepresentation sufficient (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract (D) holding that the plaintiff could bring an action for negligent misrepresentation although the plaintiff could not sue on the contract because the contract was void (E) holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract
holding negligent misrepresentation sufficient