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.
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Question: For example, courts have allowed individuals judicially to enforce treaties that govern the rights of foreign nationals to inherit property, despite the absence of explicit treaty wording providing for such individual enforcement, most likely because the right-granting wording in those treaties makes sense only if it is read to confer an individually enforceable right. See, e.g., Clark v. Allen, 331 US 503, 507-08, 67 S Ct 1431, 91 L Ed 1633 (1947) (dealing with such a treaty). On the other hand, an individual right of judicial enforcement will not be Inferred from the mere fact that a treaty sets out substantive rules of conduct that, if honored, would benefit individuals. See, e.g., Argentine Republic v. Amerada Hess Shipping, 488 US 428, 442, 109 S Ct 683, 102 L Ed 2d 818 (1989) (<HOLDING>); United States ex rel Lujan v. Gengler, 510 
 Holding statements: (A) holding that united states admiralty jurisdiction extended not only to the high seas but also to american vessels in foreign waters (B) holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states (C) holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties (D) holding that section 4625bc does not create a private right of action for money damages (E) holding that geneva convention on the high seas which provides that illegally boarded merchant ship shall be compensated for any loss or damage that may have been sustained does not create private right of action for foreign corporations to recover compensation in united states courts

Answer: (E)


Question: recipient venue because their lack of standing here means it is not a district “in which [the case] might have been brought,” according to the requirements of the transfer statute. 28 U.S.C. § 1404(a); see also 28 U.S.C. § 1406(a). Plaintiffs suggest that this court should “sensibly confirm[] that inherent in any discretionary transfer here is the idea that jurisdiction cannot be destroyed.” PI. Resp. 25. The argument is artful but unpersuasive. “There is no valid reason for reading the words ‘where it might have been brought’ to narrow the range of permissible federal forums beyond those permitted by federal venue statutes.” Van Dusen v. Barrack, 376 U.S. 612, 623, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964); see also Carbonara v. Olmos, 1994 WL 61797, at *1 (N.D.Ill. Feb. 24, 1994) (<HOLDING>). B. Standing of SAF SAF asserts both 
 Holding statements: (A) holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court (B) holding venue proper where proper when the action was commenced (C) holding that transfer to a district in which circuit law likely precluded standing was proper because the language of  1404a refers only to whether venue is proper and not a plaintiffs capacity to sue (D) holding that plaintiffs lacked standing to sue (E) holding that venue is proper in any judicial district in which the corporation is doing business

Answer: (C)


Question: Plaintiff may only seek damages that were incurred prior to that date. See Indiana Michigan, 422 F.3d at 1376-77. Plaintiffs April 20, 2011 Motion For Leave is a motion to supplement the September 4, 2009 Complaint under RCFC 15(d), rather than to amend under RCFC 15(a), because Plaintiff seeks damages that were incurred after the filing of this action. See System Fuels, 73 Fed.Cl. at 211 (“Plaintiffs’ requested amendment of the complaint is proper under [RCFC 15(a),] although the amendments are not the primary thrust of their motion for leave; su (Fed.Cir.2008) ("SMUD IV") (remanding with instructions to assess damages at the proper rate, and without applying certain offsets claimed by the Government); Sacramento Mun. Util. Dist. v. United States, 91 Fed.Cl. 9 (2009) ("SMUD V") (<HOLDING>). 2 . RCFC 15(d) provides, in relevant part: On 
 Holding statements: (A) holding that imposition occurs at time of entry of judgment (B) holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding (C) holding that this court has power to direct the entry of summary judgment when it would be just under the circumstances (D) holding that smud was entitled to mitigation damages for costs incurred from may 15 1997 to december 31 2003 (E) holding that smud was entitled to 39796234 in damages

Answer:
(B)