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]: that any negligent infliction claim remains before us on this appeal (as none has been separately argued) that claim is preempted for the same reasons. III. Conclusion We hold that Humble’s intentional infliction/tort of outrage claim is preempted on the facts of this case, and her race and nationality discrimination claims have been abandoned. Humble’s reasonable accommodation claim under the WLAD is not preempted, and we remand that claim for further proceedings consistent with this opinion. Humble requests that a remand to state court for the latter claim be ordered, but we leave it to the district court to make that discretionary determination. REVERSED AND REMANDED. 1 . 29 U.S.C. § 185(a). 2 . Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 216, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (<HOLDING>). 3 . Id. at 213, 105 S.Ct. 1904. Without 
 Holding statements: (A) holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by  301 (B) holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim (C) holding that a bad faith claim is a tort (D) holding that future benefits are available upon a finding of bad faith because repudiation is a legal conclusion which the trial court reaches after the fact finder makes its determinations about whether there was a breach and whether the breach was in bad faith (E) holding that a state law tort of bad faith was necessarily based on breach of duties contained in the cba and was therefore preempted
[EX A]: holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by  301

[EX Q]: first time a party must specify the statute authorizing attorney’s fees is in the Rule 54 motion (unless otherwise provided by statute or court order). In Missouri, attorney’s fees are not recoverable from another party, except when a contract or statute allows it. Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647, 657 (Mo. banc 2009). The second sentence of the Missouri commissions statute is such an exception to the general Missouri rule. Kraft v. Edwards, 946 S.W.2d 775, 776 (Mo.App.1997). The district judge’s ruling that there was no statutory basis for an award of attorney’s fees is erroneous as a matter of law. On remand, the district court should consider whether to award attorney’s fees. See Chem-Trend, Inc. v. Newport Indus., Inc., 279 F.3d 625, 631 (8th Cir.2002) (<HOLDING>). Because this case as tried addressed only 
 Holding statements: (A) recognizing discretion of district court in determining a fee award (B) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (C) recognizing district courts discretion to consider pending state charge in determining sentence (D) recognizing court discretion in determining reasonable fee under rule 11 (E) holding that attorneys fee award in a common fund case must be  reasonable under the circumstances
[EX A]: holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained

[EX Q]: be entitled to the same immunity enjoyed by the SEC when it is performing functions delegated to it under the SEC’s broad oversight authority”). Indeed, the doctrine of absolute immunity for SROs has been characterized as a matter of simple “fairness” in light of their “quasi-governmental powers.” DL Capital, 409 F.3d at 97-98 (internal quotation marks omitted). It is further beyond dispute that at least the sovereign immunity enjoyed in the first instance by government agencies themselves has been recognized as shielding them — absent waiver of the sort found in the Administrative Procedure Act (“APA”) — from enforcement of subpoenas duces tecum in civil suits to which the United States is not a party. See U.S. Envtl. Prot. Agency v. Gen. Elec. Co., 197 F.3d 592, 597-99 (2d Cir. 1999) (<HOLDING>), opinion amended in part on rehearing, 212 
 Holding statements: (A) recognizing that while the lack of an express statute granting sovereign immunity precludes such immunity as a matter of law the entity in question could still be determined to be acting as an agency of the state under the facts and circumstances of a particular relationship (B) holding that the waiver of sovereign immunity must be clear and unequivocal (C) holding that federal express despite the use of the word federal in its name is not a federal agency and therefore cannot be sued in this court (D) holding that waiver of sovereign immunity under federal tort claims act for intentional acts committed by federal law enforcement was not limited to investigative activities (E) recognizing that enforcement of thirdparty subpoena issued by civil defendant would compel federal agency to act and would therefore be barred by sovereign immunity but for the express waiver set forth in the apa
[EX A]:
recognizing that while the lack of an express statute granting sovereign immunity precludes such immunity as a matter of law the entity in question could still be determined to be acting as an agency of the state under the facts and circumstances of a particular relationship