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: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc.” As such, the Court finds that Mr. Klepacki’s opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

Answer: holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial


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: of the third party, Marquette. 2. “Special Circumstances” Exception The second exception to the general rule that a person has no duty to. protect another from the criminal acts of a third party is the “special circumstances” exception. It arises only in the rare case when the person “know[s] or [has] reason to know that acts are occurring or [are] about to occur on the premises that pose imminent probability of harm to an invitee.” Nail v. Jefferson County Truck Growers Ass’n, Inc., 542 So.2d 1208, 1211 (Ala.1988) (quoting Cornpropst v. Sloan, 528 S.W.2d 188, 197-98 (Tenn.1975)). In the overwhelming majority of cases presenting the question, we have not found special circumstances that give rise to a duty to protect. See, e.g., Ortell v. Spencer Companies, 477 So.2d 299 (Ala.1985) (<HOLDING>); Henley v. Pizitz Realty Co., 456 So.2d 272 
 Holding statements: (A) holding that 8 incidents of assault theft robbery or burglary on the premises and 80 similar incidents within a 2bloek area within the prior 3 years did not constitute special circumstances giving rise to a duty to protect (B) holding foreseeability is based on the totality of the circumstances not on a mechanical prior similar incidents rule (C) holding that 1 battery 6 breakings and enterings of cars 2 robberies and 7 thefts in a parking deck within the prior 10 years did not constitute special circumstances giving rise to a duty to protect (D) holding that walmart was not under a duty to protect a patron from a criminal assault absent prior similar incidents at their facility or in the general area (E) holding that evidence of similar incidents is probative as to notice element in premises liability case

Answer:
holding foreseeability is based on the totality of the circumstances not on a mechanical prior similar incidents rule