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]: for a damages claim. See Williams, 216 S.W.3d at 828-29. Nor can Russell change the facts that render her remaining grounds not justiciable. As long as there is no dispute that the release between Metro and American Century is not binding on Russell, and Metro and its representatives have not been awarded and do not seek attorney fees based on section 417.003 of the Labor Code, there is no way in which Russell could re-plead her claims to confer jurisdiction on the trial court. See Bonham State Bank, 907 S.W.2d at 467; WesternGeco, L.L.C., 246 S.W.3d at 781. The trial court therefore did not err in refusing Russell an opportunity to further amend her pleadings. For the foregoing reasons, we affirm the trial court’s judgment. 1 . S rters, Inc., 372 S.W.2d 525, 530-31 (Tex.1963) (<HOLDING>); Cobb v. Harrington, 144 Tex. 360, 366, 190 
 Holding statements: (A) holding governmental immunity was not implicated in a declaratoryjudgment action seeking an interpretation of a competitive bidding statute as applied to the highway commissions policy of requiring all materials furnished under contracts be manufactured in the united states (B) holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by  14 however a portion of the action seeking compensatory damages could not be maintained (C) holding a declaratoryjudgment action was proper to construe compulsory school attendance law and did not implicate governmental immunity (D) holding governmental immunity not implicated and a declaratoryjudgment action proper to seek determination of whether plaintiffs were motor carriers for purposes of tax statute (E) recognizing the protection of preliminary governmental materials
[A]: holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by  14 however a portion of the action seeking compensatory damages could not be maintained


[Q]: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment
[A]: holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment


[Q]: facie case of retaliation. Upon review of the record, we find that the University satisfied its burden by producing evidence indicating that its actions were taken because of changes in Khazzaka’s conduct. See Defendant’s Motion for Summary Judgment, Exh. 1, Passon Affidavit at ¶¶ 9-14, 18-21, 81-83; id., Exh. 2, Adams Affidavit at ¶¶ 9-22; id., Exh. 3, Wiley Affidavit at ¶¶ 28-54. Although Khazzaka disputes some of this evidence, see Plaintiffs Response to Defendant’s Statement of Material Facts, he has not presented any evidence from which a fact-finder could disbelieve the University’s as serted reasons and/or believe that discrimination or retaliation was a motivating cause for the actions. See Fuentes, 32 F.3d at 764; Estate of Smith v. Marasco, 318 F.3d 497, 514 (3d Cir.2003) (<HOLDING>) (emphasis omitted). Consequently, the 
 Holding statements: (A) holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements (B) recognizing that nonmoving party must present affirmative evidence  to defeat summary judgment (C) holding that the nonmoving party must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question (D) holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment (E) holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings
[A]:
holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements