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.
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Question: lease, for the first time in his reply brief, thus, he has waived it. In most circumstances a litigant who fails to raise an argument until his reply brief wül be deemed to have waived that argument. Wilson v. O’Leary, 895 F.2d 378, 384 (7th Cir. 1990). This case is before us, however, on a motion for dismissal pursuant to Rule 12(b)(6). The inquiry we are faced with is whether the plaintiff can prove any set of facts to support his allegation. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). This court has held that when reviewing Rule 12(b)6) motions, we wül consider new factual allegations raised for the first time on appeal provided they are consistent with the complaint. See Hrubec v. National R.R. Passenger Corp., 981 F.2d 962, 963-64 (7th Cir.1992) (<HOLDING>); Dawson v. General Motors Corp., 977 F.2d 369, 
 Holding statements: (A) holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint (B) holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings (C) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (D) holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion (E) holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss

Answer: (C)


Question: as defined by Section 30-31-2(M), his acts of cultivating or growing mushrooms, even if by artificial means, are not prohibited by Section 30-31-20(A)(1). To interpret Section 30-31-20(A)(1) otherwise, as the State suggests, would require us to read language into the statute that is not there. See Marshall, 2004-NMCA-104, ¶¶ 10, 13, 136 N.M. 240, 96 P.3d 801 (refusing to read a personal use exception into the CSA, reasoning that to do so “would impermissibly read language into a statute that makes sense as written”). {11} Our holding is also supported by an analysis of the federal counterpart to Section 30-31-20(A)(1), 21 U.S.C. § 841(a)(1) (2000) of the Federal Drug Abuse Prevention and Control Act (federal act). See State v. Carr, 95 N.M. 755, 760, 626 P.2d 292, 297 (Ct.App.1981) (<HOLDING>), overruled on other grounds by State v. 
 Holding statements: (A) recognizing the presumptions applicability to federal statutes (B) holding that when a statute is patterned after a similar provision in another states statute it is proper to resort to judicial constructions placed on the statute by the courts of the state whose statute provided the model in determining the proper construction   (C) recognizing a reliance on federal jurisprudence for the interpretation of louisianas arbitration statutes (D) holding that the federal register notice requirements do not apply to federal criminal statutes (E) recognizing that the csa is patterned after the federal act and relying on federal interpretation to the extent that the statutes are similar

Answer: (E)


Question: hand, is the loss of an incident of ownership—the right to use. American Tel. & Tel. Co. v. Connecticut Light & Power Co., 470 F.Supp. 105, 108 (1979). A. Because United is seeking loss of use damages related to the time required to replace the property, we are presented with the issue of whether or not loss of use damages are recoverable in a case of total loss of property. While loss of use damages are normally awarded to a party deprived of a vehicle during the period of repair, traditionally, recovery could not be had for loss of a vehicle’s use at regardless of whether the plaintiff furnishes the funds to hire a substitute vehicle, he or she still suffers an injury while deprived of the vehicle and should be awarded damages for the inconvenience. Annot., Recovery For Loss (1964) (<HOLDING>); Chlopek v. Schmall, 224 Neb. 78, 396 N.W.2d 
 Holding statements: (A) holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent (B) holding plaintiffs could not obtain compensation for both lost value and lost profit (C) holding that plaintiff whose truck was demolished in an accident could not recover lost profits unless he could show that he could not obtain a suitable substitute vehicle (D) holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment (E) holding that in an action to recover damages to a pulpwooder truck where there was testimony that pulpwood machinery could not be rented the jury was properly instructed as to lost profits

Answer:
(C)