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.

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
holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained

by jury is a fundamental guaranty of the rights and liberties of the people. C Prudential that the right to trial by jury is a constitutional right means that the starting point of our analysis is a presumption against the waiver of this constitutional right. See, e.g., Aetna Ins. Co., 301 U.S. at 393, 57 S.Ct. at 811-12; In re Prudential, 148 S.W.3d at 132 (giving right to trial by jury "same protections as other constitutional rights"); accord Ex parte Cupps, 782 So.2d 772, 775 (Ala.2000) (construing scope of contractual jury waiver strictly and narrowly "in deference to the constitutional guarantee of the right to a jury trial"); see also Note, 58 Baylor L.Rev. at 259. But see Lowe Enters. Residential Partners, L.P. v. Eighth Judicial Dist. Ct., 118 Nev. 92, 40 P.3d 405, 410 (2002) (<HOLDING>). Despite the existence of a presumption
Holding statements: (A) holding that prospective waivers of claims are void as against public policy (B) holding that the government was not bound by its waivers in three prior contracts (C) holding that german law presumptively confers joint custody upon both parents until a court enters a contrary order (D) holding without reference to supreme court case law to the contrary that in nevada contractual jury waivers are presumptively valid (E) holding appellate waivers are enforceable if invoked by the government
holding that prospective waivers of claims are void as against public policy

actions in terminating the contract. Doyle, 998 F.2d at 1566 (quoting Allen, 468 U.S. at 751, 104 S.Ct. at 3324). He has clearly alleged an injury caused by Defendants. Accordingly, Mr. Umbehr has standing. We turn now to the merits of his claim that his First Amendment rights have been violated. Mr. Umbehr was indisputably an independent contractor. As the district court acknowledged, there is conflicting ease law on whether those who independently contract with the government share the same degree of First Amendment protection for their speech as government employees. A number of courts have held that governments may award or terminate public contracts on the basis of political affiliation or support. See Triad Assocs., Inc. v. Chicago Hous. Auth., 892 F.2d 583 (7th Cir.1989) (<HOLDING>), cert. denied, 498 U.S. 845, 111 S.Ct. 129,
Holding statements: (A) holding that independent contractor claiming termination of contract in retaliation for petition was not protected by first amendment (B) holding that independent contractors whose contracts were terminated following a change in administration were not protected by the first amendment (C) holding that independent contractor claiming loss of and denial of contracts because of political affiliation was not protected by first amendment (D) holding that independent contractor claiming termination of contract because of lobbying and other political activities not protected by first amendment (E) holding that independent contractor claiming removal from city towing rotation list because of political affiliation was not protected by first amendment
holding that independent contractor claiming termination of contract in retaliation for petition was not protected by first amendment