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.

Q: pre-estimate may in fact operate as a penalty and become unenforceable is shown by the fact that even though the sum fixed as compensation for each day’s delay ... is held to be a reasonable provision for liquidated damages and to be enforceable, no court will permit it to go on operating forever. 11 Corbin on Contracts, supra, § 58:21 at 523. That treatise then observes that there is “some lack of uniformity in the method of determining this time limit.” Id. In general, there are two rules that courts have applied to this predicament. Some courts have held that a liquidated damages clause is inapplicable when a contractor has completely abandoned a project. See, e.g., City of Elmira v. Larry Walter, Inc., 76 N.Y.2d 912, 563 N.Y.S.2d 45, 564 N.E.2d 655, 656 (1990) (per curiam) (<HOLDING>). Others have held that, when a contractor has 
 Holding statements: (A) holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict (B) holding that language of contract did not limit plaintiffs recovery to liquidated damages (C) holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla (D) holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award (E) holding that in the absence of clear and unambiguous language indicating that liquidated damages clause was intended to apply to contractors outright abandonment of the project no such damages should be awarded

A: (E)
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Q: 2505. III. DISCUSSION A. No Private Cause of Action Under IGRA As an initial matter, the court dismisses all of plaintiffs claims against all defendants brought pursuant to alleged violations of IGRA. The court, following the majority of courts who have decided the issue, finds that IGRA provides no private right of action against the Tribe, the State, the federal government or any official or agency thereof. See, e.g., Tamiami Partners, Ltd. v. Miccosukee Tribe of Indians, 63 F.3d 1030, 1049 (11th Cir.1995)(finding plaintiff failed to state a claim against tribe for alleged failure to comply with IGRA’s licensing requirements because no implied cause of action in IGRA); American Greyhound Racing, Inc. v. Hull, 146 F.Supp.2d 1012, 1053 (D.Ariz.2001)(citing 25 U.S.C. § 2710(d)(7)(A))(<HOLDING>); Jimi Dev. Corp. v. Ute Mountain Ute Indian 
 Holding statements: (A) holding that no private right of action exists (B) holding that there is no private right of action for any person under  13d (C) holding that the scope of section 541 is broad and includes all kinds of property including causes of action (D) recognizing private right of action (E) holding only three kinds of entities are expressly given causes of action under igraindian tribes states and the united statesand there is no implied private right to enforce igra

A: (E)
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Q: 40 (1983)). The result obtained governs the determination of which party prevailed, and “the fairest test to determine who is the prevailing party is to allow the tria 45-46 (Fla.Dist.Ct.App.2011) (“[Ajppel-lant was entitled to attorney’s fees as the prevailing party in the case.... Like Val-carcel, the dismissal in this case was not an adjudication on the merits, since it was a dismissal without prejudice. Under Val-carcel, however, a defendant may ‘prevail’ even where the case is not dismissed on the merits. The fact that the trial court dismissed the case without prejudice was sufficient to trigger appellant’s entitlement to attorney’s fees as the prevailing party under the rental contract.”); Baratta v. Valley Oak Homeowners’ Ass’n, 891 So.2d 1063, 1065 (Fla.Dist.Ct.App.2004) (<HOLDING>); see also Alhambra Homeowners Ass’n, Inc. v. 
 Holding statements: (A) holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action (B) holding that a defendant homeowners association was the prevailing party for purposes of attorneys fees when a plaintiff homeowners action was dismissed for failure to prosecute (C) holding that the defendant became the prevailing party and thus properly claimed attorneys fees when the plaintiffs claim was involuntarily dismissed for failure to prosecute (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding that a defendant is the prevailing party within the meaning of statutory provisions awarding attorneys fees to the prevailing party even when the plaintiff voluntarily dismisses the action

A:
(C)
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