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.

Q: litigation. The district court can correct any abuses at the fees for fees stage under the “reasonableness” standard. The presumptive cap mostly takes away the discretion afforded to the district court in the statute. See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs... .”). , Congress knows how to set caps on fee applications and has done so in other contexts, yet it did not do so in § 1988. See, e.g., Baker Botts LLP v. ASARCO LLC, — U.S. -, 135 S.Ct. 2158, 2165, 192 L.Ed.2d 208 (2015) (concluding that a fee-shifting provision in the Bankruptcy Code does not allow for “[t]ime spent litigating a fee application”); In re Meese, 907 F.2d 1192, 1203 (D.C. Cir. 1990) (<HOLDING>); cf. Kaseman v. Dist. of Columbia, 444 F.3d 
 Holding statements: (A) holding that the countys permit fee violated the first amendment (B) holding that time entries such as preparation for hearing or preparation for school visit were too vague and reducing overall fee award by twentyfive percent (C) holding that fee application must be sufficiently detailed to allow court to make an independent evaluation as to what fees are actual and necessary and finding that failure to keep contemporaneous records does not automatically result in denial of the fees but the lack thereof justifies a reduction of the fee to the level proven (D) holding that attorneys fees for the preparation of the fee application are compensable (E) holding that the independent counsel reauthorization act does not permit fees claimed for the preparation of a fee application

A: holding that the countys permit fee violated the first amendment
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Q: Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans’ Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. § 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the 
 Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief

A: holding that an issue not presented to the trial court will not be considered on appeal
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Q: 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

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