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.

[EX Q]: two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of “no evidence to support the finding.” See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as “a matter of law.” See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of 
 Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice
[EX A]: holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice

[EX Q]: conclude that the Civil Rights Act of 1991 did not render Title VII and § 1981 the exclusive remedies for employment discrimination by a municipality and its employees, thereby preempting a constitutional cause of action under § 1983. Accordingly, we affirm the district court’s order denying the defendants’ motion to dismiss Johnson’s § 1983 claims. AFFIRMED. 1 . Count Eight asserts a 42 U.S.C. § 1985 claim against the individual defendants for alleged conspiracy to violate Johnson's § 1981 and Thirteenth Amendment rights. This count is not at issue on this appeal. 2 . The defendants also moved to dismiss the § 1981 claim. The district court granted dismissal against the City only, citing Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 733, 109 S.Ct. 2702, 2722, 105 L.Ed.2d 598 (1989) (<HOLDING>). 3 .We review de novo a question of law 
 Holding statements: (A) holding that  1983 is the exclusive federal remedy for violation of the rights guaranteed in  1981 by state governmental units (B) holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment (C) holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies (D) holding that where it is alleged that state has violated rights conferred by constitution governmental immunity is not available in state court action but declining to infer a right to sue the state for damages on the basis of a violation of the michigan constitution (E) holding that  1983 does not provide a remedy if there is no violation of federal law
[EX A]: holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment

[EX Q]: care provider failed to supply adequate information to obtain the informed consent of the injured person, the plaintiff shall have the burden of proving that the treatment, procedure, or surgery was performed in other than an emergency situation and that the medical care provider did not supply the type of information regarding the treatment, procedure, or surgery as would customarily have been given to a patient in the position of the injured person or other persons authorized to give consent for such a patient by other medical care providers with similar training and experience at the time of the treatment, procedure, or surgery in the locality in which the medical care provider practices or in a similar locality.”); Fuller v. Starnes, 268 Ark. 476, 597 S.W.2d 88, 89-90 (1980) (<HOLDING>). The judgment is affirmed. See 8th Cir. R. 
 Holding statements: (A) holding expert testimony is generally required to establish proximate cause in medical malpractice cases (B) holding expert testimony was not required where jury is capable of determining existence of duty (C) holding expert testimony is always required for medical negligence cases involving informed consent because physicians duty of disclosure is measured by customary disclosures in practicing community (D) holding that expert medical testimony was not necessary to establish negligence where surgeon left a needle in the patients body but stating that proof of proximate cause requires some expert testimony in medical malpractice cases (E) holding that no expert reports specifically addressing conduct of professional corporation and professional association were required when plaintiffs alleged only vicarious liability based on medical negligence of entities physicians explaining that the entities conduct is not measured by a medical standard of care but rather their liability was solely vicarious
[EX A]:
holding expert testimony is generally required to establish proximate cause in medical malpractice cases