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: the only issues to be determined by the reviewing court were whether the Commission acted within the scope of its authority and whether the order complained of is reasonable and not arbitrarily made. See, In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002); In re Application of E. Neb. Non-stock Trucking Coop, 243 Neb. 662, 501 N.W.2d 712 (1993). The district court should have addressed those issues in this case. We do so here. The fact that § 75-110 gives the Commission authority to adopt and promulgate rules and regulations which it “deems necessary to regulate persons within the commission’s jurisdiction” does not require the Commission to exercise such authority in any given instance. See In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002) (<HOLDING>). Under § 84-907.08, the Commission could 
 Holding statements: (A) holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate (B) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure (C) holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement (D) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (E) recognizing that commission is not bound by statutory or common law rules of evidence

SOLUTION: holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate

PROBLEM: Majority Opinion in Ford, former Justice Newman authored a concurring opinion, which Justice Saylor joined, in which she specifically expressed her agreement “that appellate counsel acted ineffectively by neglecting to raise trial counsel's ineffectiveness for failing to investigate and present evidence during the penalty phase of Appellant’s history of abuse and mental illness.” Ford, 809 A.2d at 336 (Newman, J., joined by Saylor, J., concurring). 5 . Although Teague's retroactivity analysis did not gamer five votes, a majority of the High Court soon thereafter reaffirmed the Teague plurality's rule and its two exceptions in Penry v. Lynaugh, 492 U.S. 302, 313, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). 6 . Compare with Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 
 Holding statements: (A) holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty (B) holding that mentally retarded capital murderers are constitutionally ineligible for death penalty (C) holding that juveniles are constitutionally ineligible for death penalty (D) holding that defendant may be subject to death penalty on resentencing (E) holding that the death penalty is unconstitutional as applied to juvenile defendants

SOLUTION: holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty

PROBLEM: Operating & Production Corp., 30 F.3d 907, 911-12 (7th Cir.1994)). Plaintiffs have alleged substantial circumstantial evidence to show that the financial disclosure statements issued by the Company contained material misstatements or omissions and that those material misstatements were made with scienter. “To the extent that a plaintiff sets forth a primary violation of the Exchange Act, dismissal of § 20(a) claim for derivative liability is inappropriate.” Chalverus v. Pegasystems, Inc., 59 F.Supp.2d 226, 236 (D.Mass.1999). See In re Fidelity/Micron Sec. Litig., 964 F.Supp. 539, 549 (D.Mass.1997). A motion to dismiss a § 20(a) claim should be denied, moreover, when the defendants themselves made the allegedly false and misleading statements. See Chalverus, 59 F.Supp.2d at 226 (<HOLDING>); In re PLC Sys. Sec. Litig., 41 F.Supp.2d 106, 
 Holding statements: (A) holding that because defendants made the statements in the press release and signed the sec disclosure forms in light of a preliminary finding of a primary violation it could not dismiss the  20a action (B) holding that where a defendant expressly manifested his belief in the truth of the statements contained in the motion to dismiss thereby adopting those statements as his own such statements are admissible against the defendant in the states case in chief (C) holding positive press release was not actionable where plaintiffs have not alleged that any of the historical representations in that press release were false (D) holding that agency could not claim national security disclosure exemption where documents already released to the press (E) holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion

SOLUTION:
holding that where a defendant expressly manifested his belief in the truth of the statements contained in the motion to dismiss thereby adopting those statements as his own such statements are admissible against the defendant in the states case in chief