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: citizens of Alabama for purposes of the diversity jurisdiction analysis. This narrow and specialized statute provides in pertinent part: In any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen. Andalusia and Hughes, who are insureds but not parties defendant, contend that a realignment of Lane will make the case into a direct action by Lane against the insurers, and because it is one in which the insureds are not joined as parties defendant, diversity would be destroyed by § 1332(a)(1). This contentio d.2d 73 (1974). But where the s 13 F.Supp. 367, 371 (D.Conn.1970) (<HOLDING>), rev’d on other grounds, 456 F.2d 282 (2d 
 Holding statements: (A) holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso (B) holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict (C) holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso (D) holding that insured may recover attorneys fees from insurer where insurer acts in bad faith (E) holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second

Output: holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso


Input: Consider Input: for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

Output: holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern


Input: Consider Input: by Oklahoma law. She definitively stated she preferred to live with Father, wanted to live closer to extended family, and had been considering this decision for almost two years. 122 Although Buffalo is factually distinguishable, we agree with the appellate court's position that "[i]t is the explanation, the supporting reasons and all the factors that led to the preference that allow the court to examine the child's preference in terms of the requirements outlined in Gibbons." Id. at ¶ 18, 211 P.3d at 927. Here, we have considered FIL's explanation, supporting reasons, and factors that led to her preference in order to determine ii the G4ib-bons requirements have been met. After doing so, we conclude FIL's preference is y"); Eimen v. Eimen, 2006 OK CIV APP 23, ¶ 14, 131 P.3d 148, 152 (<HOLDING>). 2 . Although the Legislature amended section 
 Holding statements: (A) holding court cannot change custody without showing that change is in best interests of child (B) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (C) holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances (D) holding fact that the parties failed to communicate and had continuing hostility does not constitute a material change in custody to warrant modification of custody (E) holding that an employer seeking modification must show a change in claimants physical condition


Output: holding court cannot change custody without showing that change is in best interests of child