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.

Q: Corrupt Organizations Act (“RICO”) because Erickson failed to allege specific facts showing a pattern of racketeering activity. See Sanford v. Member-Works, Inc., 625 F.3d 550, 557-58 (9th Cir.2010) (discussing elements of a.RICO claim and particularity requirements of Fed.R.Civ.P. 9(b)). The district court properly dismissed Erickson’s claims under the Real Estate Settlement and Procedures Act (“RES-PA”) and the Truth in Lending Act (“TILA”) as time-barred because Erickson filed his action more than three years after the alleged violations. See 12 U.S.C. § 2614 (prescribing at most a three-year statute of limitations for violations of RES-PA); 15 U.S.C. § 1640(e) (an action for damages under TILA must be brought within one year of the alleged violation); see also King, 784 F.2d at 915 (<HOLDING>). However, after the district court dismissed 
 Holding statements: (A) holding fiveyear limitation period in 28 usc  2462 runs from date of predicate violation not from date of administrative assessment of sanction (B) holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond (C) holding that oneyear period runs from the discovery of the transfer (D) holding that the limitations period in section 1640e runs from the date of consummation of the transaction (E) holding  under section 1144s predecessor statute  that the 180day period runs from the date of the confirmation order even if the fraud is not discovered in the 180day period

A: holding fiveyear limitation period in 28 usc  2462 runs from date of predicate violation not from date of administrative assessment of sanction
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Q: required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega’s fifth point is overruled. Notice of Hearing Mocega’s final two points assert the trial court was required to grant her the grace period provided under art. 4590i, § 13.01(g). A motion under that section is timely if filed before “any hearing” on a defendant’s motion to dismiss. Urquhart’s motion was “heard” by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega’s motion was not filed until April 
 Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing

A: holding term successor does not contemplate acquisition by ordinary purchase from another corporation
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Q: to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) “Duty” of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241 
 Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties

A:
holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme
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