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.

Ex Input:
by the parties. These considerations are consistent with the principle [sic] legislative purpose behind enactment of the Uniform Arbitration Act: to provide and encourage an expedited, efficient, relatively uncomplicated, alternative means of dispute resolution, with limited judicial intervention or participation, and without the primary expense of litigation attorneys' fees. Id. at 153-54, 423 S.E.2d at 750. The court concluded that "in arbitration proceedings, both the arbitrator or arbitration panel and the superior courts upon confirmation are limited to applying only [our AR.S. 12-1510] in determining whether attorneys' fees should be or were properly awarded." Id. at 155, 423 S.E. at 751; see also Floors, Inc. v. B.G. Danis, Inc., 380 Mass. 91, 97, 401 N.E.2d 839, 843 (1980) (<HOLDING>). In our view, to permit a trial court to award
Holding statements: (A) holding merely that the evidence was sufficient to support the award of attorneys fees (B) holding that attorneys fee statute does not overpower the policy expressed in our ars 121510 against the award of attorneys fees in arbitration proceedings (C) holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency (D) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (E) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees

Ex Output:
holding merely that the evidence was sufficient to support the award of attorneys fees

Ex Input:
of finality which is essential to the operation of our criminal justice system." Sawyer v. Smith, 497 U.S. 227, 242, 110 S.Ct. 2822, 111 L.Ed.2d 193 (1990). Petitioner claims that Apprendi falls within the narrow scope of the second category of exceptions and is therefore applicable to his case retroactively. The Second Circuit has not yet addressed the question of whether Apprendi should be considered a "watershed rule," falling within the Teague exceptions. However, every Circuit Court which has considered this question has held that Apprendi should not be applied retroactively on collateral review. United States v. Sanders, 247 F.3d 139, 146 (4th Cir.2001); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2001); see, e.g., Abdullah v. United States, 240 F.3d 683, 687 (8th Cir.2001)(<HOLDING>); Browning v. United States, 241 F.3d 1262,
Holding statements: (A) holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review (B) holding apprendi is not retroactive (C) holding that apprendi does not apply on collateral review (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review that was previously unavailable (E) holding that the apprendi decision is not applicable on collateral review

Ex Output:
holding apprendi is not retroactive

Ex Input:
Gresh, 311 Fed.Appx. at 771 (noting that "ordinary business relationships" conducted at arm's length do not rise to the level of a fiduciary relationship); Quadrille Bus. Sys. v. Ky. Cattlemen's Ass'n, 242 S.W.3d 359, 365 (Ky.Ct.App.2007) ("An ordinary business relationship or an agreement reached through arm's length transactions cannot be turned into a fiduciary one absent factors of mutual knowledge of confidentiality or the undue exercise of power or influence." (quotation marks and citation omitted)). Additionally, while "fiduciary relationships can be informal, [] they must evidence circumstances showing both parties agreed that one party would be acting in the interest of the other." In re Sallee, 286 F.3d at 893; see also Abney v. Amgen, Inc., 443 F.3d 540, 550 (6th Cir.2006) (<HOLDING>) (emphasis added). Kentucky courts have found
Holding statements: (A) holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold (B) holding that because there was no factual dispute between the parties the presumption of correctness is not relevant (C) holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs (D) holding there was no evidence to support the existence of any alleged fiduciary duty (E) holding that a defendant owed no duty to a plaintiff with regard to the safekeeping of evidence because there was no promise by the defendant or its employees to inspect or safeguard the evidence for the plaintiffs benefit and destruction of physical evidence was not criminal because destruction was innocent and designed to ensure the safety of the defendants employees

Ex Output:
holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold