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: 918 F.2d 154, 159 (11th Cir.1990). A district court should grant a preliminary injunction only if the movant clearly shows: 1. a substantial likelihood that the mov-ant will prevail on the merits; 2. that the movant will suffer irreparable injury if an injunction is, not issued; 3. that the potential injury to the mov-ant outweighs the possible harm to the nonmovant; and 4. that the injunction would not be adverse to the public interest. Id. This Court will address each element in turn. 1. SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS To begin, the instant ease is controlled by this Court's decision in Luckie v. Smith Barney, 766 F.Supp. 1116 (M.D.Fla.1991). In Luckie, the plaintiffs filed a complaint with AAA pursuant to the AMEX Window. Id. The defendants argued th 2nd Cir.1990) (<HOLDING>). Also, in Merrill Lynch v. Noonan, [Current]
Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (C) holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision (D) holding that an arbitration agreement is separable from the underlying agreement (E) holding that a specific customer agreement can supersede the amex constitution and requiring arbitration before one of the fora named in the agreement

Answer: (E)

Question: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages." Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) ("[t]he award of reasonable attorneys' fees is mandatory under 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages"). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney's fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney's fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915
Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

Answer: (B)

Question: challenges they can present to litigants, and that he understood that another lawyer's perspective would be helpful in his defense. Thus, although defendant may not have been well-qualified to handle the task of criminal defense that he chose to undertake, he was eminently qualified by his back ground, training, and experience to make that choice with full knowledge of its consequences. 16. On appeal, defendant points to numerous errors and gaffes in his self-representation to suggest that his waiver was not truly knowing. But defendant's own acknowledgment that he was not experienced enough to provide adequate self-representation, either before or after trial, does not invalidate his deliberate choice to proceed pro se. See Wiesner v. Abrams, 726 F. Supp. 912, 918 (E.D.N.Y. 1989) (<HOLDING>); Lewis, 155 Vt. at 655, 586 A.2d at 552
Holding statements: (A) holding that a suspect must be warned prior to any questioning that he has the right to remain silent that anything he says can be used against him in a court of law that he has the right to the presence of an attorney and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires (B) recognizing that any witness has the right to refuse to be interviewed if he so desires and is not under or subject to legal process (C) recognizing a defendants constitutional right to be represented by counsel of his own choice (D) holding that even in cases where the accused is harming himself by insisting on conducting his own defense respect for individual autonomy requires that he be allowed to go to jail under his own banner if he so desires if he makes the choice with eyes open (E) holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live

Answer:
(D)