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.

[Q]: 284 So.2d 905, 915-16 (La.1973); see Tesvich v. 3-A’s Towing Co., 547 So.2d 1106, 1111 (La.Ct.App.1989) (“[W]e have concluded on the basis of Lombard that the claim of each plaintiff with respect to his or her leases constitutes a separate occurrence.” (citation omitted)); see also Reynolds v. Transcon. Ins. Co., Civ. A. Nos. 94-1367, 94-1432, 1995 WL 16795, at *5-6 (E.D.La. Jan.17, 1995) (Duval, J.) (discussing and applying Lombard, Tesvich, and Soc’y of the Roman Catholic Church v. Interstate Fire & Cas. Co., 26 F.3d 1359 (5th Cir.1994)). The property damage in the DuroSeal petitions allegedly arose because of several negligent and fraudulent acts on the part of Jotun and others. Each of these acts does not constitute a separate bes, Inc., 924 So.2d 1131, 1133 (La.Ct.App.2006) (<HOLDING>); Korossy v. Sunrise Homes, Inc., 653 So.2d 
 Holding statements: (A) holding that a partys responsibility for damage from any cause included damage cause by the indemnitee (B) holding that property damage occurred when condominium owners received architects report detailing damage not during the four years of construction of the condos (C) holding that property damage occurred when homeowners noticed damage not when house was improperly constructed (D) holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations (E) holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did
[A]: holding that a partys responsibility for damage from any cause included damage cause by the indemnitee


[Q]: make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
[A]: holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan


[Q]: the [retroactive] amendments ... for the corresponding guideline provisions that were applied when the defendant was sentenced and ... leave all other guideline application decisions unaffected.” USSG § 1B1.10(b)(1) (emphasis added); see United States v. McBride, 283 F.3d 612, 615 (3d Cir.2002) (“only the retroactive amendment is to be considered at a resentencing under § 3582”). Thus, in Barner’s case, the District Court was limited to ascertaining Barner’s Guidelines range had Amendment 706 been in place during his initial sentencing. The District Court lacked authority to reconsider its initial criminal history calculation or any other component of Barner’s initial sentence that was not affected by a retroactive amendment. Cf. United States v. Mateo, 560 F.3d 152, 156 (3d Cir.2009) (<HOLDING>). Accordingly, the District Court did not err 
 Holding statements: (A) holding that application of career offender enhancement falls within exception for prior convictions where facts are undisputed making it unnecessary for district court to engage in further fact finding about prior convictions (B) holding that the district court lacked authority to revisit the application of the career offender enhancement in a  3582 motion because that enhancement was not affected by a retroactive amendment (C) holding retroactive application (D) holding that reduced career offender status was nonetheless based the career offender guidelines (E) holding that the defendants substantial rights were not affected by a sentencing guidelines enhancement even in the absence of a specific finding by the district court because the evidence amply supported the enhancement
[A]:
holding that application of career offender enhancement falls within exception for prior convictions where facts are undisputed making it unnecessary for district court to engage in further fact finding about prior convictions