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.

is adverse to its interests. Lamar cites no authority establishing that either “fact” was material to determining whether City exceeded the scope of its powers by surrendering and contracting away zoning authority that would otherwise have applied to Lamar’s efforts to rebuild or relocate eight of the forty-two signs identified in the Agreement. For reasons we explain, neither factual contention prevented the entry of summary judgment in favor of City as a matter of law. We have already explained that the Agreement hindered City’s zoning authority, and that zoning authority is an exercise of police powers. City thus established all that was necessary to demonstrate that the Agreement exceeded the scope of City’s powers in violation of section 432.070. Stewart, 165 S.W.2d at 629 (<HOLDING>). It is true that “[t]he due process clauses of 
 Holding statements: (A) recognizing governmental interest in rehabilitation (B) holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have (C) holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void (D) holding governmental immunity is no defense to contractual liability (E) holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary
(C)

likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc.” As such, the Court finds that Mr. Klepacki’s opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology
(E)

explicitly features the allegedly infringing rugs. Id. at ¶ 10. It also apparently provides extensive assistance to a consumer in viewing available rugs for sale, obtaining information about their fiber content and sizes, and receiving recommendations. Id. at ¶ 8. Other internet retailers that carry Dynamic rugs state that Dynamic will ship directly to the consumer. Id. at ¶ 11-14. Dynamic also advertises in Home Furnishing News magazine, which is circulated in Maine. Ex. to Decl. of Angela Adams (Docket Item 17, Attachment 2). I conclude that Dynamic is marketing the allegedly infringing designs in Maine and that if the infringing rugs arrive in Maine, their arrival is not merely the random or fortuitous actions of a third party. See Helicopteros, 466 U.S. at 416-417, 104 S.Ct. 1868 (<HOLDING>). Dynamic’s marketing of infringing rugs has a 
 Holding statements: (A) holding that personal jurisdiction is proper if party has sufficient minimum contacts (B) holding that personal jurisdiction over defendant car manufacturer was inappropriate when defendants only contacts with the forum resulted from plaintiffs unilateral activity of driving defendants product into another state (C) holding that unilateral activity of a third party is not an appropriate consideration in determining what contacts are sufficient for personal jurisdiction purposes (D) holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum (E) holding that personal jurisdiction over defendant trustee was inappropriate when defendants only contacts with the forum resulted from plaintiffsettlors unilateral activity of moving to florida

(C)