instruction:
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.
question:
F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino’s testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This “gate-keeping” obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry, 
 Holding statements: (A) holding that dauberts basic gatekeeping obligation  applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions
answer:
holding that the admission of expert testimony was prejudicial where the testimony was pervasive


question:
controversy turns, in part, on a categorization of the loss at issue; an inherently factual determination requiring the testimony of Penn and NBC staff juxtaposed against Gioia’s onsite analysis. Thus, Gioia is a material witness and his convenience weighs in favor of transfer. B. Locus of the Operative Facts “Where there is no material connection between the district and’the operative facts, ... the interests of justice require the transfer of [the] action.” Manao Invests., 1997 WL 53200, at *2 (alteration in original) (quotation omitted). ‘When determining the locus of operative facts in a declaratory judgment action concerning the interpretation of an insurance policy contract, this Court has considered where the insurance contract was made.” Royal Ins., 2002 WL 31385815, at *3-4 (<HOLDING>). Here, while it is unclear whether 
 Holding statements: (A) holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution (B) holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership (C) holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york (D) holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york (E) holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action
answer:
holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership


question:
UC Hastings Mot. at 5-8), and courts in their home forums have addressed related arguments in the past. See, e.g., Brine v. Univ. of Iowa, 90 F.3d 271, 275 (8th Cir.1996) (affirming the district court’s holding that the University of Iowa and its Board of Regents were immune, under the Eleventh Amendment, from suit on plaintiffs § 1983 claims); Scherer v. Curators of Univ. of Mo., 49 Fed.Appx. 658, 658 (8th Cir.2002) (affirming the district court’s holding that the University of Missouri and its Curators were immune, under the Eleventh Amendment, from suit on plaintiffs ADA claim) (citing Sherman v. Curators of the Univ. of Mo., 871 F.Supp. 344, 348 (W.D.Mo.1994)); Gallagher v. Univ. of Cal., Hastings Coll. of the Law, No. C011277PJH, 2001 WL 1006809, at *5 (N.D.Cal. Aug. 16, 2001) (<HOLDING>). Because the relevant circuit and district 
 Holding statements: (A) holding michigan friend of the court employees absolutely immune from suit under  1983 (B) holding that uc hastings was immune under the eleventh amendment from suit on plaintiffs  1983 claims and granting motion to dismiss (C) holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981 (D) holding college school district immune from suit in federal court under eleventh amendment (E) recognizing that section 1983 claims against a state agency are barred by the eleventh amendment
answer:

holding michigan friend of the court employees absolutely immune from suit under  1983