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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds
[A]: (D)


[Q]: of the contract, the plaintiffs claim will only sound in contract. Id. In operation, the rale restricts contracting parties to contractual remedies for those economic losses associated with the relationship, even when the breach might reasonably be viewed as a consequence of a contracting party’s negligence. See Jim Walter Homes, Inc. v. Reed, 711 S.W.2d 617, 618 (Tex.1986) (“When the injury is only the economic loss to the subject of a contract itself, the action sounds in contract alone.”). In other words, the economic loss rule precludes recovery of economic losses in negligence when the loss is the subject matter of a contract between the parties. Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282, 285 (T .3d 355, 378 (Tex.App.-Fort Worth 2012, pet. denied) (<HOLDING>). Therefore, we overrule JP Morgan’s fifth 
 Holding statements: (A) holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract (B) holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property  damage claims (C) recognizing fraud in the inducement claims independent of contract claims without discussion of economic loss rule (D) holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement (E) holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract
[A]: (D)


[Q]: required then&emdash;and all we require now&emdash;is that the employer show that it established a § 207(k) work period and that the § 207(k) work period was regularly recurring. Id. (citations omitted). Specific reference to § 207(k) is not necessary to satisfy this standard. Consistent with our sister circuits, we decline to require more of employers to qualify for the § 207(k) exemption. See Rosano v. Twp. of Teaneck, 754 F.3d 177, 187-88 (3d Cir. 2014); Calvao v. Town of Framingham, 599 F.3d 10, 16-17 (1st Cir. 2010); Brock v. City of Cincinnati, 236 F.3d 793, 810 (6th Cir. 2001); Freeman v. City of Mobile, 146 F.3d 1292, 1297 n.3 (11th Cir. 1998); Spradling, 95 F.3d at 1505; Barefield, 81 F.3d at 710; see also Milner v. Hazelwood, 165 F.3d 1222, 1223 (8th Cir. 1999) (per curiam) (<HOLDING>). The City has satisfied the criteria for 
 Holding statements: (A) holding that no liberty interest was implicated where the public reason for employees dismissal was that their services did not meet the expectations of the public employer (B) holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation (C) holding that defendant need not establish that he was not engaged in unlawful activity under section 776012 (D) holding that employer need not establish the exemption through public declaration (E) holding that insurance company administering employerprovided disability plan was not place of public accommodation under ada because employees received their benefits through employment not through a public accommodation
[A]:
(D)