Read the following excerpt from a US court opinion:
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minimize liability. Indeed, defense counsel would be remiss not to demand that the plaintiff waive statutory attorney’s fees. A lawyer who proposes to have his client pay more than is necessary to end litigation has failed to fulfill his fundamental duty zealously to represent the best interests of his client. Because waiver of fees does not affect the plaintiff, a settlement offer is not made less attractive to the plaintiff if it includes a demand that statutory fees be waived. Thus, in the future, we must expect settlement offers routinely to contain demands for waivers of statutory fees. The cumulative effect this practice will have on the civil rights bar is evident. It does not denigrate the high ideals that motivate many civil rights practitione Co., 338 U. S. 263, 266 (1949) ; Wilko v. Swan, 346 U. S. 427, 434-438 (1953)
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that  1404a allows for the transfer of federal employers liability act suits
B. holding right to liquidated damages under fair labor standards act nonwaivable
C. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act
D. holding venue provision of federal employers liability act nonwaivable
E. holding that if a modification petition is filed in a county where venue is appropriate it is improper to transfer the venue to another county merely because venue also would have been proper in the other county however once an enforcement proceeding is undertaken in an appropriate venue venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings
Reply with [A, B, C, D, E] only.