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.

Q: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants' Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke's Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff'd 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b),
Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court properly dismissed plaintiffs fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

A: holding that when a term is defined in the statute it need not be further alleged in the indictment
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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

A: holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained
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Q: factors); Manual for Complex Litigation, Fourth 11.493 (2007) (discussing similar factors in assessing the value of survey evidence). The Coulter-Renken Study is based on a sample of 3,116 internet survey respondents. However, the study itself does not provide any indication of how this sample was selected. (Rao Deck 17.) There is no indication of whether the universe from which these respondents were chosen was a properly defined universe, or whether the 3,116 respondents constituted a representative sample of that universe. Without any information as to the composition and selection methodology of the survey sample, the Coulter-Renken Study is simply not probative of irreparable injury. See Vista Food Exch., Inc., 2005 WL 2371958, at *6, 2005 U.S. Dist. LEXIS 42541, at *18-19 (<HOLDING>). For all of these reasons, the Court finds
Holding statements: (A) holding that survey with improperly idefined sample was not probative (B) holding that plain error review was not available for alleged improperly admitted testimony (C) holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion (D) holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative (E) holding that drug use is not probative of character for truthfulness

A:
holding that plain error review was not available for alleged improperly admitted testimony
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