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: fact that the oil traversed part of Transocean's vessel before entering the Gulf of Mexico. We recognize that the aforementioned incidents involved blameless third parties, whereas here the owner or operator of the Deepwater Horizon might have contributed to the discharge. By all accounts, if the vessel's blowout preventer had functioned properly, the oil would not have entered navigable waters in violation of the Clean Water Act. The defendants therefore reason that liability is properly imposed upon the owner or operator of the Deepwater Horizon. Yet it is well estab lished that this section of the Clean Water Act leaves no room for civil-penalty defendants to shift liability via allegations of third-party fault. See United States v. Tex-Tow, Inc., 589 F.2d 1310, 1314 (7th Cir.1978) (<HOLDING>). Early in the implementation of the Act's
Holding statements: (A) holding defendant assumed risk that third party would consent to search of storage locker where defendant instructed third party to rent locker under third partys name and allowed third party to keep possession of lease papers and to occasionally retain the keys (B) holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule (C) holding principal liable to third party for tort of agent despite lack of privity between principal and third party (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding defendant liable for penalty notwithstanding fault of a third party

Answer: (E)

Question: Jones v. Wilson (In re Wilson), 72 B.R. 956 (Bankr. M.D.Fla.1987); McCullough v. Suter (In re Suter), 59 B.R. 944 (Bankr.N.D.Ill.1986). Palmer argues that the BAP erred in distinguishing among the various subsections of section 523 on the issue of the discharge of punitive damages. He notes that courts have found that punitive damages are nondischargeable under section 523(a)(4), which bars discharge of debts "for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny," 11 U.S.C. 523(a)(4), and under section 523(a)(6), which bars discharge of debts "for willful and malicious injury by the debtor to another entity or to the property of another entity," 11 U.S.C. 523(a)(6). See, e.g., Klemens v. Wallace (In re Wallace), 840 F.2d 762 (10th Cir.1988) (<HOLDING>); Moraes v. Adams (In re Adams), 761 F.2d 1422,
Holding statements: (A) holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable (B) holding that punitive damages are not fines (C) holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment (D) holding without discussion of the punitive damages issue that both actual and punitive portions of judgment for defalcation while acting in a fiduciary capacity were nondischargeable (E) holding a court may not award punitive damages

Answer: (A)

Question: activity other than making the allegedly infringing sales. Additionally, the claims against MCSC are peripheral to the central issues of the action. See L.G. Elecs., 131 F.Supp.2d at 812. Specifically, the Kohs seek a declaratory judgment that the ImageDeck infringes the '830 patent and an injunction prohibiting the manufacture, use, sale, offers to sell, and importation in derogation of the Kohs's rights under the '830 patent. "Ultimately the infringement claim[s] against the manufacturer" and the sole importer are "more likely to restore contested property rights nationwide than securing an injunction enjoining a merchant from selling infringing products from existing inventory." Id. As a result, MCSC is only peripherally involved in this action. See LG Elecs., 131 F.Supp.2d at 811 (<HOLDING>); Corry, 16 F.Supp.2d at 665 (holding that a
Holding statements: (A) holding that a breach of contract claim against one defendant related back to interference with contract claim against that defendant and breach of contract claim against second defendant because it was based on same set of operative facts (B) holding on policy grounds that a strict liability claim should not lie against drug manufacturer (C) holding that knowledge of the patent is required for willful infringement (D) holding that a patent infringement claim against a reseller of infringing products is only peripherally related to a claim against the manufacturer (E) holding that the adjudication of claims against an infringing products manufacturer would resolve claims against a mere reseller

Answer:
(D)