instruction:
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.
question:
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
answer:
(E)


question:
for well over an hour. Nelson testified at trial that initially she alone questioned defendant, then De-gasser interviewed defendant while Nelson observed through an adjoining room, and finally both officers questioned defendant together. Nelson stated that the time period during which she questioned the defendant alone was approximately fifty minutes. Indeed, defendant claims that the interview lasted several hours. Under either view, we believe the session continued for a lengthy enough period of time to suggest custody. Cf. Mincy 838 P.2d at 653 (refusing to find custody where the questioning lasted only five minutes and was investigatory rather than accusatory in nature). In light of the undisputed evidence of the instant case bearing on the five factor anal , 514 (11th Cir.1983) (<HOLDING>); United States v. Farinacci-Garcia, 551 
 Holding statements: (A) holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live (B) holding that the defendants conclusory assertion that he told his counsel he wanted to testify but that counsel failed to call him as witness was insufficient to require a hearing or a response from government but the defendant should have been allowed an opportunity to state his claim with greater specificity (C) holding that defendants prior arrests were insufficient to establish that defendant was aware of his right to appointed counsel even though he told dea officers that he understood his rights (D) holding that the defendants prior conviction was not obtained in violation of his right to counsel because he had the opportunity for appointed counsel at public expense (E) holding that even though defendant stated he did not read and discuss psr with his counsel he could not show any error that affected his substantial rights
answer:
(C)


question:
to bear any and all costs, expenses, responsibilities, burdens, damages, and the like, relating to matters inherent to sales effected (directly or indirectly) by OAM in the United States of America, pursuant to the laws and rules of that country.” 1 App. in Supp. of Defs. ’ and Intervenor’s Mot. for Summ. J. Exs. A.22 at Art. 4, ¶ D (May 17, 1993 Agreement among Fiat Auto, American Finance S.p.A., and OAM); and A.23 at Art. 4, ¶ D (English translation) (emphasis added). Maserati II and MNA assert that there must be a showing of intent by the purchasing company to assume the old corporation’s liabilities in whole or in part in order to show an implied assumption, and Majestic has not done so. They rely on Ladjevardian v. Laidlaw-Coggeshall, Inc., 431 F.Supp. 834, 839-40 (S.D.N.Y.1977) (<HOLDING>). Maserati II and MNA assert that the OAM-MAI 
 Holding statements: (A) holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession (B) holding that conduct or representations relied upon by the party asserting liability must indicate an intention on the part of the buyer to pay the debts of the seller (C) holding that an agreement on the one side to sell and on the other to buy does not constitute a conspiracy even if the buyer intends to resell the drugs so long as the buyer and seller do not have an agreement to further distribute the drugs (D) holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision (E) holding an arbitration clause contained in confirmations sent to buyer by seller was part of parties course of dealing and therefore part of the contract after buyer had repeated opportunities to object to the clause and had failed to do so
answer:

(B)