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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
--------
Question: an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, § 59. We are mindful of the consequences of a particular construction. See Tex. Gov’t Code § 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon’s alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that 
 Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code  51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision

Answer: (B)


Question: to the federal district court, see 28 U.S.C. §§ 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a “fire code official” under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants’ motion and dismissed Preston’s case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston’s appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927 
 Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc  7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte

Answer: (E)


Question: maritime law [D.E. 21 at 5-8]. The Court has already determined that Plaintiffs claims against Norwegian fall within the Court’s admiralty jurisdiction, as Plaintiff has conceded [D.E. 23 at 7-9]. Torts committed within the Court’s admiralty jurisdiction are governed by maritime law. See Kermarec v. Compagnie Generole Transatlantique, 358 U.S. 625, 628, 79 S.Ct. 406, 3 L.Ed.2d 550 (1959). For this reason, Plaintiff’s claims against Norwegian must be based on maritime law; and to the extent that Plaintiff seeks to assert a negligence claim against Norwegian based on premises liability or any other theory of negligence under Florida law, this claim must be dismissed. See, e.g., Stewart-Patterson v. Celebrity Cruises, Inc., No. 12-20902-CIV, 2012 WL 2979032, at *2 (S.D.Fla. July 20, 2012) (<HOLDING>). To state a negligence claim under maritime 
 Holding statements: (A) holding that nonpecuniary damages created under florida law were available in an admiralty action (B) holding claim is not cognizable (C) holding claim is cognizable (D) recognizing that the seventh amendment applies to admiralty claim that is cognizable at law (E) holding that a claim based on a cruise lines negligent mode of operation under florida law is not cognizable under federal admiralty law

Answer:
(E)