TASK DEFINITION: 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.
PROBLEM: at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs’ suit at the time it was brought. Moreover, in PauÉuxet the Court stated that it did not agree “with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable.” Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass’n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as 
 Holding statements: (A) holding that wetlands adjacent to navigable waters are included in the term territorial waters (B) holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca (C) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (D) holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself (E) holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources

SOLUTION: (D)

PROBLEM: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 
 Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

SOLUTION: (B)

PROBLEM: — THE COURT: You just need to answer the question. JUROR [FIVE]: Yes. On appeal, Moton argues that Juror Five’s initial response to the trial court indicates that the verdict was not unanimous and, therefore, that the trial court erred by failing to instruct the jury to continue its deliberations. But while not entirely clear, the most logical interpretation of Juror Five’s response to the court’s first question shows that she may not h a single witness is generally sufficient to establish a fact. . . .”). 10 Freeman v. State, 328 Ga. App. 756, 762 (5) (760 SE2d 708) (2014) (punctuation omitted); accord Tew v. State, 320 Ga. App. 127, 127 (739 SE2d 423) (2013). 11 Freeman, 328 Ga. App. at 762 (5) (punctuation omitted); see Graydon v. State, 313 Ga. App. 580, 582 (722 SE2d 173) (2012) (<HOLDING>). 12 McCullough v. State, 317 Ga. App. 853, 853 
 Holding statements: (A) holding that the district court acted within its discretion when it denied plaintiffs request for counsel (B) holding that there is no indication that the district court abused its discretion in denying the discoverysanction motion (C) holding trial court acted within its discretion in excluding expert testimony (D) holding that trial court erred in denying defendants request to allow standby counsel to conduct voir dire where there was no indication that the trial court considered the koehler factors or that granting the request would have disrupted or delayed the trial (E) holding that trial court acted within its discretion in denying defendants request for firstoffender treatment when there was no indication that trial court refused to consider request or erroneously believed that such was not permitted

SOLUTION:
(E)