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.
--------
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: initially stopping the truck for failing to illuminate the rear license plate in violation of Kan. Stat. Ann. § 8-1706(e). See United States v. Hunnicutt, 135 F.3d 1345, 1348 (10th Cir.1998) (“An initial traffic stop is valid under the Fourth Amendment ... if the officer has a reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring.” (citing United States v. Botero-Ospina, 71 F.3d 783, 787 (10th Cir. 1995) (en banc))). Wilson also does not dispute that the smell of alcohol on VanHouden together with VanHouden’s admission that he had been drinking justified the further detention of the truck and its occupants in order for Deputy Watkins to conduct field sobriety tests on VanHouden. See United States v. Neumann, 183 F.3d 753, 756 (8th Cir.1999) (<HOLDING>); Rogala v. Dist. of Columbia, 161 F.3d 44, 52 
 Holding statements: (A) holding that reasonable suspicion standard applies to routine traffic stops (B) holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law (C) holding that the discovery of 2000 in cash during a traffic stop supported a finding of reasonable suspicion (D) holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment (E) holding detection of alcohol on a drivers breath during a routine traffic stop gave rise to reasonable suspicion

Answer: holding that reasonable suspicion standard applies to routine traffic stops


Question: reliance is essential element of negligent misrepresentation claim). Since Purchasers are estopped from relying on a representation outside of the agreement, they cannot sustain any of the causes of action that require justifiable reliance. Therefore, the fraud, negligent misrepresentation, and FBPA claims fail, even construing the pleadings most favorably to Purchasers. Nevertheless, Purchasers argue that the determination of justifiable reliance is a jury question. While justifiable reliance may be a jury question in a fraud case where no contract exists or where the contract has become void, it is a question of law in a case where the contract language prevails and the contract’s merger clause precludes reliance on oral representations. Compare City Dodge, 232 Ga. at 770 (<HOLDING>) with First Data POS, 273 Ga. at 796 (holding 
 Holding statements: (A) holding no justifiable reliance as a matter of law (B) holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance (C) holding that where a merger clause is included in the written contract alleged collateral promises will not be enforced through fraud because under fraud the reliance must be reasonable (D) holding that the only fraud that could vitiate the contract is fraud that would invalidate the merger clause itself ie fraud relating to the merger clause or fraud that invalidates the entire contract including the merger clause quoting 3 corbin contracts  578 (E) holding that justifiable reliance is a jury question where the contract containing the merger clause was found invalid due to an antecedent fraud

Answer:
holding no justifiable reliance as a matter of law