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.

Ex Input:
citizens of Alabama for purposes of the diversity jurisdiction analysis. This narrow and specialized statute provides in pertinent part: In any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen. Andalusia and Hughes, who are insureds but not parties defendant, contend that a realignment of Lane will make the case into a direct action by Lane against the insurers, and because it is one in which the insureds are not joined as parties defendant, diversity would be destroyed by § 1332(a)(1). This contentio d.2d 73 (1974). But where the s 13 F.Supp. 367, 371 (D.Conn.1970) (<HOLDING>), rev’d on other grounds, 456 F.2d 282 (2d 
 Holding statements: (A) holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso (B) holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict (C) holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso (D) holding that insured may recover attorneys fees from insurer where insurer acts in bad faith (E) holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second

Ex Output:
holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso


Ex Input:
the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) (“[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court.”); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. § 636(b)(1) provides that a 
 Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings

Ex Output:
holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules


Ex Input:
premises in a locked storage locker. Salzer had claimed the trailer as exempt, and he charges that Stinson’s actions violated the automatic stay. Salzer’s claim is meritless. Under the Bankruptcy Code, an entity in possession, custody, or control of property that the trustee is entitled to possess, including property that the debtor may exempt, must turn that property over to the trustee. 11 U.S.C. § 542(a). Salzer asserts that he had a key to the leasehold premises and complete access to it through April 1, 1993. From this, Salzer deduces, without citation to any authority, that Stinson was not in possession of the trailer at the time he put it in the locker. (App.Br. at 10-11). This argument is waived. See Varhol v. National R.R. Passenger Corp., 909 F.2d 1557, 1566 (7th Cir.1990) (<HOLDING>). Notwithstanding the waiver, when Salzer’s 
 Holding statements: (A) holding that an issue is waived when a party fails to provide adequate citation to authority (B) holding that the defendants contention was waived because it was supported neither by cogent argument nor citation to authority (C) holding that a claim is waived on appeal when not supported by citation to relevant authority (D) holding that a claim that sovereign immunity has been waived is itself waived if not argued on appeal (E) holding that an issue not raised on appeal is waived

Ex Output:

holding that an issue is waived when a party fails to provide adequate citation to authority