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.

Ex Input:
only as part of the presentations to a group, or whether appellees had any conversations with Hoagland, and, if so, the content of those conversations. Appellees merely stated they did not make misrepresentations to Hoagland in Texas regarding the business transaction made the basis of the captioned case. We conclude these statements are unsupported factual and legal conclusions. See Ennis, 164 S.W.3d at 703-04 (affirming trial court’s exclusion of nonresident’s statements that he did not have a substantial connection with Texas, plaintiffs’ claims did not result from and were not related to any of affiant’s activities in Texas, affiant did not have any continuing or systematic contacts with Texas, and affiant did not commit any tort in Texas); see also Wright, 137 S.W.3d at 250 n. 8 (<HOLDING>). Kassoffs affidavit is similarly concluso-ry. 
 Holding statements: (A) holding plaintiffs allegation that defendants committed torts in texas was sufficient to bring defendants under the longarm statute (B) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law  not arizona law  should be applied (C) holding plaintiffs allegation that defendants committed torts in houston texas was sufficient to bring defendants under the longarm statute for plaintiffs claims of various forms of fraud and negligent misrepresentation (D) recognizing strong interest in protecting texas citizens where tort was committed in whole or in part in texas (E) holding nonresidents statement that he had committed no torts in texas was properly excluded as conclusory

Ex Output:
(E)


Ex Input:
make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State’s motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client’s behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, — U.S. —, —, 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this 
 Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal

Ex Output:
(C)


Ex Input:
the area of Professional Responsibilities, which assessed whether “[t]he appraisee has performed building responsibilities.” Pl.’s Opp’n, Birchette Dep., Ex. 11. Thus, if it is accurate that director Birchette’s basis for terminating Ms. Smith was her poor attendance and her failure to attend planning meetings, it seems odd that this did not affect the ratings she awarded Ms. Smith on her evaluation form and that she did not indicate a problem with these areas on plaintiffs CLDF form. The Court concludes that director Birchette’s varying, and what a jury could find inconsistent justifications for terminating Ms. Smith, raises a genuine issue of material fact that precludes summary judgment. See, e.g., Abramson v. William Paterson College of New Jersey, 260 F.3d 265, 285 (3rd Cir.2001) (<HOLDING>); Starks v. George Court Co., 937 F.2d 311, 315 
 Holding statements: (A) holding that the conflicting explanations given by defendants agents for the plaintiffs termination were also sufficient to raise a reasonable inference that defendants proffered reasons for the termination were pretextual the inconsistent testimony  regarding the motivating reasons for plaintiffs termination cast doubts on the asserted nondiscriminatory legitimate reasons and may alone  be sufficient to preclude summary judgment on plaintiffs claim (B) holding that there were genuine issues of material fact and reversing the district courts grant of summary judgment because in part the everchanging nature of the proffered reasons given for plaintiffs termination could be viewed as evidence tending to show pretext   (C) holding that the district court erred in failing to consider all of the employers proffered evidence of legitimate business reasons for the plaintiffs termination (D) holding that there was a genuine issue of material fact precluding summary judgment (E) holding that when there are no genuine issues of material fact summary judgment is appropriate

Ex Output:

(B)