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: controversy turns, in part, on a categorization of the loss at issue; an inherently factual determination requiring the testimony of Penn and NBC staff juxtaposed against Gioia’s onsite analysis. Thus, Gioia is a material witness and his convenience weighs in favor of transfer. B. Locus of the Operative Facts “Where there is no material connection between the district and’the operative facts, ... the interests of justice require the transfer of [the] action.” Manao Invests., 1997 WL 53200, at *2 (alteration in original) (quotation omitted). ‘When determining the locus of operative facts in a declaratory judgment action concerning the interpretation of an insurance policy contract, this Court has considered where the insurance contract was made.” Royal Ins., 2002 WL 31385815, at *3-4 (<HOLDING>). Here, while it is unclear whether 
 Holding statements: (A) holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution (B) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (C) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (D) holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york (E) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action

Answer: holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership


Question: farmer-brewer, importer or wholesaler. If the legislature intended the obligation to run with the product, it would have said it.” Heublein, 434 Mass. at 698 (approving Commission declaration to this effect) (citations and quotations omitted). It is thus the general rule that “a supplier is not obligated under Section 25E to continue to make sales to those wholesalers with whom an unaffiliated predecessor did business.” Brown-Forman, 65 Mass.App.Ct. at 499. This principle has been applied consistently in the few reported decisions by Massachusetts courts, confirming that purchasers of liquor businesses are not ordinarily saddled with the Section 25E restrictions of either their sellers or those through whom their sellers distributed product. See, e.g., Heublein, 434 Mass. at 701-02 (<HOLDING>); Pastene Wine & Spirits, 401 Mass. at 619 
 Holding statements: (A) holding that supplier who acquired all assets and operations related to manufacture and sale of prod uct in armslength transaction did not succeed to predecessor suppliers section 25e obligations a former suppliers obligations under section 25e to continue to sell its product to its wholesalers is not imputed to a successor supplier who obtains ownership of the product through an arms length asset acquisition (B) holding a successor corporation does not have a postsale duty to warn of product defects where the successor never succeeded to any service contracts was not aware of the products defects and did not know the location of the product at the time of plaintiffs injury (C) holding that a successor corporation had a duty to arbitrate the extent of its obligations under its predecessors cba because there was substantial continuity in the business enterprise (D) holding that section 388 of the restatement does not require the supplier to give information concerning available means for amelioration of obvious dangers even though the supplier is aware of those means and the party to whom the chattel is supplied is not (E) holding that where electricity supplier had its employees on construction site from time to time in connection with supplying temporary electricity any knowledge suppliers employees had of building construction was incidental to supplying electricity thus construction worker who was injured when he contacted live highvoltage electrical transmission lines wholly failed to establish any reason why electricity supplier should have foreseen injury and no duty arises to act to prevent such unanticipated injury

Answer: holding a successor corporation does not have a postsale duty to warn of product defects where the successor never succeeded to any service contracts was not aware of the products defects and did not know the location of the product at the time of plaintiffs injury


Question: looked right at her, that’s how I got a good look at her.” Shirk stated that the female wore a full face helmet, but he did not say that it covered her face. Further, the officers disclosed that the female wore a “full face helmet” in the affidavit. Thus, this information does not undermine Shirk’s identification or the judge’s issuance of the warrant. The Ewings next note that after viewing various DMV photos, including those of Mark and Heather, Contreras and Rajala initially made no identifications. However, the officers included Rajala’s statement in the affidavit. They did not include Contreras’s non-identification, but given the strength of Shirk’s identification, this omission does not cast doubt on probable cause. See United States v. Colkley, 899 F.2d 297, 302 (4th Cir.1990) (<HOLDING>). The Ewings also complain that pri- or to 
 Holding statements: (A) holding that omission of nonidentification from photo spread was not material and that the fourth amendment does not require an affiant to include all potentially exculpatory evidence in the affidavit (B) holding allegation that false affidavit was basis for arrest warrant is sufficient to state  1983 fourth amendment claim against affiant officer (C) holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence (D) holding defendant was improperly denied potentially exculpatory evidence (E) holding that the observation of evidence in plain view is not a search for purposes of the fourth amendment and does not require a warrant

Answer:
holding allegation that false affidavit was basis for arrest warrant is sufficient to state  1983 fourth amendment claim against affiant officer