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.
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Question: Dr. Brewer's reports addressed the conduct of OGA's employees, Drs. Jacobs and Gunn, the reports identified Dr. Gunn as OGA's employee, and McCoy's original petition alleged that OGA was vicariously liable for the conduct of Jacobs and Gunn under the doctrine of respondeat superior and the requirements of the Texas Professional Association Act. See Troeger v. Myklebust, 274 S.W.3d 104, 110 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (rejecting claim that conduct of dentist, who was sole defendant, was not implicated because her name was omitted from expert report and holding that dentist waived challenges to expert report by failing to raise objections within twenty-one days after service); Univ. of Tex. Sw. Med. Ctr. v. Dale, 188 S.W.3d 877, 879 (Tex.App.-Dallas 2006, no pet) (<HOLDING>). In response, OGA disputes that its conduct
Holding statements: (A) holding that medical center was not required to be named in expert report addressing its residents conduct because plaintiffs alleged no directliability claims against it and noting that medical center was implicated in report and so waived all its objections when it failed to object to sufficiency of report within twentyone days after service (B) holding that causation section of expert medical report was not eonclusory when read in context of entire report (C) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (D) holding that expert report addressing hospitals conduct was not required when plaintiffs sole theory against hospital was vicarious liability based on ostensible agency and explaining that the conduct by the hospital on which the agency relationship depends is not measured by a medical standard of care these are principles of agency law on which no expert report is required (E) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a

Answer: holding that causation section of expert medical report was not eonclusory when read in context of entire report

Question: up to $2,000, which would have set aside, in a literal sense, a discrete "amount . . . necessarily consumed for the support of' the taxpayer and his or her family. Opinion of the Justices, 82 N.H. at 572. This description, made in reference to an income tax exemption, is not applicable to the question of whether an income tax assessed on gross rather than net income is unfair, unreasonable, or disproportionate. Certainly nothing in that opinion suggested that such an exemption was necessary in order to render that tax constitutional. Where we have found that a tax was unfair, unreasonable, or disproportionate, the constitutional deficiency has been of a much different character than the one the petitioners allege here. See Claremont School Dist. v. Governor, 142 N.H. 462, 470-71 (1997) (<HOLDING>); Opinion of the Justices, 132 N.H. 777, 783-84
Holding statements: (A) holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety (B) holding that property tax was a state tax and was thus disproportionate unreasonable and unfair because of discrepancies in tax rates of up to 400 between school districts (C) holding that the essential purpose of use tax is the recoupment of lost sales tax revenue (D) holding that the tax was indirect even though the recipient could not shift the tax to others (E) holding that taxpayers failure to follow state requirement that he report change in federal income tax did not except state tax liability from discharge

Answer: holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety

Question: appealing the ALJ's decision to the Board are exactly the same in LHWCA and DBA cases. Id. at 1113-1115. However, the 1972 amendments also amended the judicial review provisions of the LHWCA to provide direct review of the Board's decision to the federal court of appeal where the injury occurred, not to the district court. See 33 U.S.C.A. 921(c); Home Indem. Co., 597 F.2d at 90. Congress has not, however, amended the judicial review provision of the DBA that expressly modified the former judicial review provisions of the LHWCA. Section 3(b) of the DBA still provides, as quoted above, that judicial review of compensation orders lies in the appropriate district court. Section 3(b) controls judicial review of compensation orders in DBA cases. See Home Indem. Co., 597 F.2d at 89 (<HOLDING>); AFIA/CIGNA Worldwide, 930 F.2d at 1115
Holding statements: (A) holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision (B) holding that if a provision of the dba specifically modifies a provision of the lhwca the dba provision controls in a dba case (C) holding wills more specific provision prevails over general provision (D) holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision (E) holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them

Answer:
holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision