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.

Q: the defendants conceded that, as a general rule, homogenous precinct analysis may be more reliable than ecological regression, we cannot say that the district court clearly erred in accepting Mag-giotto's numbers and treating the election as arguably split-preference. 5 . The defendants also argue that, even if there is a statutory violation, Section 2 should not be enforced because it is unconstitutional under the Equal Protection Clause, principles of federalism, and' the "congruence and proportionality” test established by City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). We need not address this argument in light of our holding that Section 2 has not been violated. See Slack v. McDaniel, 529 U.S. 473, 485, 120 S.Ct. 1595, 1604, 146 L.Ed.2d 542 (2000) (<HOLDING>) (quoting Ashwander v. TVA, 297 U.S. 288, 347, 
 Holding statements: (A) holding that a district courts ruling may be upheld on an alternative ground supported by the record (B) holding that judgment may be affirmed on any ground supported by the record (C) holding that a successor judge may consider a motion for new trial in a case tried to the court where she is not required to weigh conflicting evidence or pass upon the credibility of witnesses but can resolve such issues  upon evidence which is not materially in conflict (D) holding that to preserve an issue for appellate review the specific legal argument or ground upon which it is based must be presented to the trial court (E) recognizing that courts should not pass upon a constitutional question although properly presented by the record if there is also present some other ground upon which the case may be disposed of

A: holding that a district courts ruling may be upheld on an alternative ground supported by the record
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Q: first time a party must specify the statute authorizing attorney’s fees is in the Rule 54 motion (unless otherwise provided by statute or court order). In Missouri, attorney’s fees are not recoverable from another party, except when a contract or statute allows it. Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647, 657 (Mo. banc 2009). The second sentence of the Missouri commissions statute is such an exception to the general Missouri rule. Kraft v. Edwards, 946 S.W.2d 775, 776 (Mo.App.1997). The district judge’s ruling that there was no statutory basis for an award of attorney’s fees is erroneous as a matter of law. On remand, the district court should consider whether to award attorney’s fees. See Chem-Trend, Inc. v. Newport Indus., Inc., 279 F.3d 625, 631 (8th Cir.2002) (<HOLDING>). Because this case as tried addressed only 
 Holding statements: (A) recognizing discretion of district court in determining a fee award (B) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (C) recognizing district courts discretion to consider pending state charge in determining sentence (D) recognizing court discretion in determining reasonable fee under rule 11 (E) holding that attorneys fee award in a common fund case must be  reasonable under the circumstances

A: holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained
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Q: named as defendants and because Nieto did not file a certificate of review. These assertions misinterpret the concept of immunity. A person or entity is not “immune” from suit merely because that person or entity asserts a successful • affirmative defense. See Wyatt v. Cole, 504 U.S. 158, 167 n. 2, 112 S.Ct. 1827, 118 L.Ed.2d 504 (1992) (noting that while a defense entitles an individual to some protection from liability, he is not entitled to immunity from suit). Rather, immunity from suit means that a plaintiff cannot legally file a lawsuit naming that person or entity as a defendant. See § 24-10-108, 7 C.R.S. (1999) (providing that sovereign immunity shall be a bar to any action against a public entity); Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (<HOLDING>). Immunity means that the person or entity is 
 Holding statements: (A) recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit (B) holding that qualified immunity is not merely immunity from damages but also immunity from suit (C) recognizing that an entitlement not to stand trial or face other burdens of litigation is an immunity from suit rather than a mere defense to liability (D) holding bjecause immunity from liability constitutes an affirmative defense not a jurisdictional bar only immunity from suit is properly before us today (E) holding immunity from liability is not jurisdictional

A:
recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit
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