TASK DEFINITION: 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.
PROBLEM: bar, of rule 32:1.3 for dilatory handling of estates despite notices and inquiries from beneficiaries). Johnson’s failure to respond to Neefs phone calls and requests for information, failure to notify Neef of what progress had or had not been made on the case, and failure to provide notice of termination, contact information, return of paperwork, or a return of unearned fees violated rules 32:1.4 (duty to keep client informed) and 32:1.16(d) (duty to protect client’s interests upon termination of representation). See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Carpenter, 781 N.W.2d 263, 268 (Iowa 2010) (finding attorney’s neglect of client’s legal matters and failure to keep clients informed about their cases violated rules 32:1.3, 32:1.4, and 32:1.16(d)); Earley, 774 N.W.2d at 307-08 (<HOLDING>). Johnson also violated rule 32:8.4(c) (duty 
 Holding statements: (A) holding that the attorney violated mlrpc 13 when he did not prosecute his clients claim after filing a complaint or protect against expiration of the statute of limitation for his clients complaint and caused discovery sanctions to be filed for his failure to respond to discovery requests (B) holding an attorney violated his duty of candor to the tribunal by changing his clients interrogatory answers without the clients knowledge (C) holding attorney violated rules 3214 and 32116d when he failed to keep his clients informed about the status of their cases failed to communicate with his clients after their repeated requests for information and failed to  account for or return client money from retainer fees (D) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (E) holding that equitable tolling applied when the attorney informed his client there was no such thing as a oneyear filing deadline and consistently lied to his client and the clients wife

SOLUTION: holding that the attorney violated mlrpc 13 when he did not prosecute his clients claim after filing a complaint or protect against expiration of the statute of limitation for his clients complaint and caused discovery sanctions to be filed for his failure to respond to discovery requests

PROBLEM: and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

SOLUTION: recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure

PROBLEM: of his eyes and fired in that direction twice, killing [the victim]. These facts suggest a design to effect the death of [the victim] and therefore do not support a second degree murder instruction.” Taylor v. State, 998 P.2d at 1231. Reviewing the OCCA’s legal conclusions de novo, we concluded that if Mr. Taylor did not aim, but rather the gun was simply flailing around as he testified, such behavior would be imminently dangerous to another person, and it would evince a depraved mind with a disregard of human life, but stands in stark contrast to others in which this court and the OCCA concluded that a lesser-offense instruction was not needed, because in those cases, the evidence did not support the lesser-included offense. See Darks v. Mullin, 327 F.3d 1001, 1010 (10th Cir.2003) (<HOLDING>); Harris v. State, 84 P.3d 731, 750 
 Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree sodomy (C) holding that the defendant was not entitled to a lesserincluded firstdegree manslaughter instruction when his attorney was forced to concede at oral argument that no evidence supported the adequate provocation element (D) holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree rape (E) holding that it was error to direct entry of a conviction for a permissive lesserincluded offense based on the fact that it was supported by the evidence because the greater crime was not charged in a manner that encompassed the intent element of the permissive lesserincluded offense and the jury did not make a finding regarding that intent element

SOLUTION:
holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction