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. 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.
PROBLEM: for a damages claim. See Williams, 216 S.W.3d at 828-29. Nor can Russell change the facts that render her remaining grounds not justiciable. As long as there is no dispute that the release between Metro and American Century is not binding on Russell, and Metro and its representatives have not been awarded and do not seek attorney fees based on section 417.003 of the Labor Code, there is no way in which Russell could re-plead her claims to confer jurisdiction on the trial court. See Bonham State Bank, 907 S.W.2d at 467; WesternGeco, L.L.C., 246 S.W.3d at 781. The trial court therefore did not err in refusing Russell an opportunity to further amend her pleadings. For the foregoing reasons, we affirm the trial court's judgment. 1 . S rters, Inc., 372 S.W.2d 525, 530-31 (Tex.1963) (<HOLDING>); Cobb v. Harrington, 144 Tex. 360, 366, 190
Holding statements: (A) holding governmental immunity was not implicated in a declaratoryjudgment action seeking an interpretation of a competitive bidding statute as applied to the highway commissions policy of requiring all materials furnished under contracts be manufactured in the united states (B) holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by 14 however a portion of the action seeking compensatory damages could not be maintained (C) holding a declaratoryjudgment action was proper to construe compulsory school attendance law and did not implicate governmental immunity (D) holding governmental immunity not implicated and a declaratoryjudgment action proper to seek determination of whether plaintiffs were motor carriers for purposes of tax statute (E) recognizing the protection of preliminary governmental materials

SOLUTION: holding that a declaratoryjudgment action seeking to compel officials to perform their legal duties was not barred by 14 however a portion of the action seeking compensatory damages could not be maintained

PROBLEM: as well as recent country reports and his own affidavit, the BIA did not abuse its discretion in concluding that he failed to provide sufficient evidence to support his allegation that conditions in China have materially changed. We have previously reviewed the BIA's consideration of similar evidence in the context of an untimely motion to reopen and have found no abuse of discretion in its conclusion that such evidence was insufficient to establish changed conditions in China. Id. at 275 (noting that while the BIA must consider evidence such as "the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in summary fashion without a reviewing court presuming that it has abused its discretion"); Jian Huan Guan, v. BIA, 345 F.3d 47 (2d Cir.2003) (<HOLDING>). In addition, we find that the BIA did not
Holding statements: (A) holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children (B) holding that bia abused its discretion in denying motion to reopen (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children (E) holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it

SOLUTION: holding that bia abused its discretion in denying motion to reopen

PROBLEM: that any negligent infliction claim remains before us on this appeal (as none has been separately argued) that claim is preempted for the same reasons. III. Conclusion We hold that Humble's intentional infliction/tort of outrage claim is preempted on the facts of this case, and her race and nationality discrimination claims have been abandoned. Humble's reasonable accommodation claim under the WLAD is not preempted, and we remand that claim for further proceedings consistent with this opinion. Humble requests that a remand to state court for the latter claim be ordered, but we leave it to the district court to make that discretionary determination. REVERSED AND REMANDED. 1 . 29 U.S.C. 185(a). 2 . Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 216, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (<HOLDING>). 3 . Id. at 213, 105 S.Ct. 1904. Without
Holding statements: (A) holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301 (B) holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim (C) holding that a bad faith claim is a tort (D) holding that future benefits are available upon a finding of bad faith because repudiation is a legal conclusion which the trial court reaches after the fact finder makes its determinations about whether there was a breach and whether the breach was in bad faith (E) holding that a state law tort of bad faith was necessarily based on breach of duties contained in the cba and was therefore preempted

SOLUTION:
holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301