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.

Q: v. Pembroke Real Estate, Inc., 459 F.3d 128, 142 (1st Cir.2006). Moreover, the broad scope of the Copyright Act definitions may be of limited assistance as the court applies a “common sense” analysis of whether a particular unfinished work may be covered by VARA. One of the co-sponsors of VARA observed that “we have gone to extreme lengths to very narrowly define the works of art that will be covered.... The definition is not synonymous with any other definition in the Copyright Act....” H.R.Rep. No. 101-514, at 11. In Lilley v. Stout, 384 F.Supp.2d 83 (D.D.C.2005), the district judge noted that “VARA established a new and distinct genus of art: ‘works of visual art,’ which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act.” Id. at 86 (<HOLDING>). While this overview leaves much that is 
 Holding statements: (A) holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding negligence on the part of the attorney does not qualify for such relief (D) holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public (E) holding that purely reputational damage does not qualify for dueprocess protection

A: (A)
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Q: policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on “the brokers” fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes ‘arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties’ loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d 
 Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy  arising out of or relating to this agreement breach thereof or any aecounts   (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim  related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause   any controversy or claim arising out of     was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

A: (A)
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Q: that the newspapers and magazines will use the U.S. Mail to send such matter to them subscribers, and therefore, that such Defendant “caused” the use of the mails within the meaning of the mail fraud statute. See, e.g., Carpenter, 484 U.S. at 28, 108 S.Ct. 316 (“[U]sing the wires and the mail to print and send the [Wall Street] Journal to its customers” containing the column at issue “was not only anticipated but an essential part of the scheme.”); Atlas Pile Driving Co. v. DiCon Financial Co., 886 F.2d 986, 992 (8 Cir.1989) (“[I]t was almost certain that notice of [foreclosure sales] would be mailed to other claimants or that notice would be published in newspapers and copies of the notice distributed through the mails.”); United States v. Bowers, 644 F.2d 320 (4th Cir. 1981) (<HOLDING>); United States v. Shepherd, 587 F.2d 943, 944 
 Holding statements: (A) holding that an increased sentence may be imposed for harms that were a reasonably foreseeable consequence of the defendants conduct even where the defendant did not directly cause the specific harm (B) holding that in order for a claim to be reasonably ascertainable the debtor must have in his possession at the very least some specific information that reasonably suggests both the claim for which the debtor may be liable and the entity to whom he would be liable (C) holding that it was reasonably foreseeable that newspapers would be mailed to some subscribers containing the advertisements the defendant placed in the newspaper (D) holding that it was reasonably foreseeable to the defendant that the letter he handdelivered to a newspaper in response to an advertisement would be sent by the newspaper to its customer via the us mails (E) holding that an alien may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future

A:
(C)
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