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.

26 Ariz.App. 265, 270-71, 547 P.2d 1065, 1070-71 (1976), which held that a party is precluded from raising for the first time on appeal the trial court's failure to make findings when specifically required to do so by Arizona Rule of Civil Procedure 52(a). 179 Ariz. at 301, 878 P.2d at 657. Accordingly, I perceive that Trantor's waiver rule applies with as much vigor to statutes or rules that specifically require findings as it does when the requirement is imposed by case law. Cf. Galloway v. Vanderpool, 205 Ariz. 252, 256, 17, 69 P.3d 23, 27 (2003) ("Once published, our interpretation [of a statute] becomes part of the statute."); Local 266, Int'l Bhd. of Elec. Workers, A.F. of L. v. Salt River Project Agric. Improvement and Power Dist., 78 Ariz. 30, 43, 275 P.2d 393, 402 (1954) (<HOLDING>). 31 One further point. Because my colleagues
Holding statements: (A) holding principle of statutory construction is to give effect to every clause and word of a statute (B) holding that the courts in the absence of ambiguity should as a general rule confine themselves to a construction of a statute as written and not attempt under the guise of construction to supply omissions or remedy possible defects in the statute or to insert exceptions not made by the legislature (C) recognizing rule of statutory construction that statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect if it can be done by any reasonable construction (D) recognizing that unreversed statutory construction is to be held part of the statute as if originally so written (E) holding that the term shall is mandatory for purposes of statutory construction when the statute is unambiguous
(D)

the key elements required to satisfy the discovery rule are injury (we use "damage" interchangeably with "injury") and fault. Legally-cognizable damages occur when a plaintiff detrimentally relies on the negligent advice of an attorney. Mant, supra, 189 N.J.Super. at 374, 460 A.2d 172. Actual damages are those that are real and substantial as opposed to speculative. See Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 241, 57 S.Ct. 461, 464, 81 L.Ed. 617, 621 (1937). In the legal-malpractice context, actual damages may exist in the form of an adverse judgment. Mant, supra, 189 N.J.Super. at 373, 460 A.2d 172. However, a client may suffer damages, in the form of attorney's fees, before a court has announced its decision in the underlying action. See, e.g., Knight, supra, 553 A.2d at 1235 (<HOLDING>); Mant, supra, 189 N.J.Super. at 374, 460 A.2d
Holding statements: (A) holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal (B) holding that debtors have no right to jury trial on malpractice claims against their attorneys (C) holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages (D) holding that statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice (E) holding that attorneys fees and costs expended as a result of an attorneys alleged malpractice constitute legallycognizable damages for purposes of stating a claim for such malpractice
(E)

341. 4 .It should be noted that there is another class action pending before same district judge who decided POM Wonderful. See Saedian v. The Coca Cola Co., No. 2:09cv06309-SJO-JPR (C.D.Cal.) (Otero, J.). The plaintiffs there bring claims against what appears to be the same product. The instant case was stayed pending a decision by the Judicial Panel on Multidistrict Litigation ("JPML") on whether to transfer or consolidate it with the Saedian case. ECF No. 30. This Court lifted the stay after the JPML denied the Defendants'motion. ECF No. 31. 5 . The preemption clause makes no mention of 343(a). 6 . It is true that not every violation of the FDCA will support a state-law claim. See Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341, 353, 121 S.Ct. 1012, 148 L.Ed.2d 854 (2001) (<HOLDING>); cf. Papas v. Upjohn Co., 985 F.2d 516, 518-19
Holding statements: (A) holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda (B) holding that express warranty claims that could only arise out of fda approval are preempted (C) holding that state claims for fraudulent submissions to the fda were preempted (D) holding fraudulent representations to the fda could not sustain statelaw claims (E) holding that 14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property
(D)