Read the following excerpt from a US court opinion:
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as lacking in plausibility, and could reasonably have found 1950) (same); Kilduff v. Kalinowski, 136 Conn. 405, 71 A.2d 593, 594-95 (1950) (same). B. The Union’s Liability 1. Standard of Proof The Union argues that the Johnsons’ suit stems from a labor dispute and that therefore its liability should be governed by the “clear proof" requirement of the Norris-La-Guardia Act, 29 U.S.C. § 106, infra. Johnson sued his labor union for the harassment he suffered after testifying against other Union members at an arbitra tion hearing. Whether the events underlying the suit can be characterized as a labor dispute for the purposes of § 106 of the Norris-LaGuardia Act is a close question. See Columbia River Packers Ass’n v. Hinton, 315 U.S. 143, 145-47, 62 S.Ct. 520, 521-23, 86 L.Ed. 750 (1942) ; Jacksonville Bulk Terminals, Inc. v.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained
B. holding that the district court erred in not determining whether the amount in controversy necessary to create diversity jurisdiction was met at the time of removal
C. holding that the critical element in determining whether the provisions of the norrislaguardia act apply is whether the employeremployee relationship is the matrix of the controversy
D. recognizing the motives of the officer as a critical factor in determining whether a particular instance of excessive force rises to the level of a constitutional violation
E. recognizing that the critical question is whether any present violation exists
Reply with [A, B, C, D, E] only.