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: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants’ Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke’s Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff’d 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b), 
 Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court  properly dismissed plaintiffs  fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

Output: holding that when a term is defined in the statute it need not be further alleged in the indictment


Input: Consider Input: 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

Output: 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


Input: Consider Input: for Health and Family Services (the Cabinet). Sefa alleged that the Cabinet kidnapped his niece and nephew in connection with a state-court action for neglect instituted against two of Sefa’s sisters. Sefa claimed that the Cabinet violated his rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution, suing under 42 U.S.C. §§ 1981 and 1988. He also raised claims under several other federal statutes in his complaint. The district court dismissed Sefa’s complaint for failure to state a claim. Sefa appeals, reasserting his claims for monetary and declaratory relief, as well as “seekpng] [an] injunctive order” directing the Cabinet to release his niece and nephew from state custody and to halt all “spiritual attacks” against his family. We re Cir.1991) (<HOLDING>). Moreover, the Cabinet is not a “person” 
 Holding statements: (A) recognizing that claims against a state under  1981 are barred by the eleventh amendment (B) holding that the eleventh amendment bars blyshrl and nychrl claims against a state agency in federal court (C) holding that a takings claim was barred under the eleventh amendment where state courts provided a means of redress for such claims (D) holding california school district a state agency for purposes of the eleventh amendment (E) recognizing that section 1983 claims against a state agency are barred by the eleventh amendment


Output: recognizing that claims against a state under  1981 are barred by the eleventh amendment