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.

Input: Consider Input: 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

Output: 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


Input: Consider Input: created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference ... by failing to act on information indicating that unconstitutional acts'were occurring. Id. at 127 (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995)). The Supreme Court’s decision in Iqbal, 556 U.S. 662, 129 S.Ct. 1937, which found that a supervisor can be held liable only "through the official’s own individual actions,” id. at 676, 129 S.Ct. 1937, arguably casts doubt on the continued viability of some of the categories set forth in Hastings On Hudson and Colon. See Grullon, 720 F.3d at 139 (<HOLDING>). For the purposes of this case, however, it is 
 Holding statements: (A) holding the same with respect to an apartment (B) holding that no heightened showing is required (C) holding the same with respect to violations of the fifth amendment (D) recognizing that opinion work product subject to discovery upon heightened showing of compelling need (E) recognizing chat iqbal may have heightened the requirements for showing a supervisors personal involvement with respect to certain constitutional violations

Output: holding the same with respect to an apartment


Input: Consider Input: yet a third time under the discussion of ‘why.’ 934 S.W.2d at 457 (emphasis added). Finally, the court of appeals properly applied the Kraus factors and explained why the evidence supported the punitive damages award. Accordingly, we conclude that the court of appeals’ factual sufficiency review of the punitive damages award, despite the court’s occasional misleading language, was proper. IY. PUNITIVE DAMAGES AWARD-RECALCULATION Mobil also argues that the court of appeals erred by including, sua sponte, the estate’s actual damages in its punitive damages calculation, thereby adding $91,555.58 to the punitive damages award. We agree. A court of appeals cannot modify a judgment without a point of error asking it to do so. See Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex.1986)(<HOLDING>). Here, the jury charge asked the jury to 
 Holding statements: (A) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees (B) holding merely that the evidence was sufficient to support the award of attorneys fees (C) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (D) holding that oncors request for the trial judge rather than the jury to determine the reasonableness of its attorneys fees and the failure to submit the question of attorneys fees to the jury resulted in a waiver of oncors claim for the recovery of attorneys fees (E) holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error


Output: holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees