Task: Wrong Candidate Generation
Input (English): to allow plaintiff to add a claim for breach of contract, which had a fifteen-year statute of limitations. The action was brought outside the one-year but within the fifteen-year statute. On appeal, the appellate court reviewed the Puerto Rican statutes pertaining to conversion and breach of contract, decided that the district court did not err in refusing to allow plaintiff to add the contract claim, and concluded that plaintiffs action still would have been time-barred because “given the applicability of COGSA [to the foreign bill of lading at issue], [plaintiff] cannot circumvent COGSA’s operation by couching its complaint in terms of conversion or breach of contract.” Barretto Peat, 896 F.2d at 661 (citing Miller Export Corp. v. Hellenic Lines, Ltd., 534 F.Supp. 707 (S.D.N.Y.1982) (<HOLDING>)). In an Eleventh Circuit ease, Generali v. 
 Holding statements: (A) holding that a failure to maintain sufficient internal controls to avoid fraud is  indicative of scienter (B) holding that cogsa controls shippers claim against carrier even though the purported fraud or negligence is alleged to have occurred prior to loading or subsequent to discharge (C) holding that the right to discharge factor supported contractor status even though the company was only required to provide thirty days notice to discharge a motor carrier (D) holding that  65551 another part of the medical liability act applied to the plaintiffs claim of fraud against a defendant physician because the alleged fraud occurred during preoperative doctorpatient consultations (E) holding that a plaintiff has a duty to plead the date of discovery of fraud where the alleged fraud apparently occurred at a remote time
Output (English): holding that a failure to maintain sufficient internal controls to avoid fraud is  indicative of scienter