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: 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

Answer: holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained


Question: District Court Executive is directed to: (a) File this Order; (b) ENTER JUDGMENT consistent with this Order; (c) Provide copies of this Order and the Judgment to counsel; and (d) CLOSE THIS FILE. 1 . These facts can be found in the parties' Statements of Material Facts, submitted with briefing on the pending Motions pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1. The Court deems admitted any material fact asserted by a party and not rebutted by the opposing party. The parties agree on the facts recited in this section, except where otherwise noted. 2 . Several courts have held that Title III applies only to actual places, and that membership organizations are not subject to Title III. See, e.g., Elitt v. U.S.A. Hockey, 922 F.Supp. 217, 223 (E.D.Mo.1996) (<HOLDING>); Brown v. 1995 Tenet ParaAmerica Bicycle 
 Holding statements: (A) holding that hockey organization was not sufficiently linked to a place so not subject to ada (B) holding ada claim was discharged (C) holding that title ii of the ada is not applicable to the federal government (D) holding that national football league was not a place and therefore not subject to ada (E) holding that group organizing bike race was not subject to ada

Answer: holding ada claim was discharged


Question: care described in Dr. Helge’s report with James’s resulting injury. However, after describing that injury in his report, Dr. Rushing states specifically that the injury was “a result of improper amphetamine prescription and improper supervision.” [Emphasis added.] To fulfill the requirements of section 74.351(i) by supplementing Dr. Helge’s report as to Dr. Davisson, Dr. Rushing was not required to mention Dr. Helge’s exact description of the standard of care applicable to Dr. Davisson, especially when, as here, that standard of care is accurately described as a failure to properly supervise or monitor, which is precisely the conduct that Dr. Rushing implicates as causing James’s injuries. See Packard v. Guerra, 252 S.W.3d 511, 526-27 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (<HOLDING>); Perez v. Salinas, No. 13-08-00192-CV, 2008 WL 
 Holding statements: (A) holding that we must first determine our jurisdiction before proceeding to the merits of the appeal (B) holding that court was within its discretion to refuse to consider reports that did not meet the supreme courts standards for admitting reports into evidence (C) recognizing that we have consistently held that a party who wishes to introduce evidence of past false reports of sexual assault bears the threshold burden of establishing the falsity of the past reports (D) holding that we must review multiple reports in the aggregate to determine if they are adequate as to liability and causation (E) holding that if no material issues of fact are in dispute and an appeal presents only a question of law we apply de novo review

Answer:
holding that we must first determine our jurisdiction before proceeding to the merits of the appeal