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: class’s claims, its interests are not antagonistic to the class, and its chosen counsel are qualified and competent. The Court also notes that the members of the aptly-named Pension Fund Group are public institutional investors, which comports with the PSLRA’s expressed preference for such lead plaintiffs. The PSLRA’s legislative history explains as follows: “[t]he pension funds accounting for $4.5 trillion or nearly half of the institutional assets, in many cases the beneficiaries of pension funds — small investors — have the greatest stake in the outcome of the lawsuit.” H.R. Conf. Rep. No. 104-369, at 34 (1995), reprinted in 1995 U.S.C.C.A.N. 730-34; see also In re Vicuron Pharm. Sec. Litig., NO. CIV. A.04-2627, 225 F.R.D. 508, 511, 2004 WL 2983940, at *3 (E.D.Pa. Oct.7, 2004) (<HOLDING>); see also In re Royal Ahold N.V. Sec. & ERISA 
 Holding statements: (A) holding on motion for preliminary injunction that balance of hardships tipped in favor of public (B) holding that where the issue is one of arbitrability the federal presumption in favor of arbitration shifts to favor a court determination (C) holding that one candidates status as a pension fund tipped the scales in favor of its appointment as lead plaintiff (D) holding that an employees protected interest in a pension vested before he or she became eligible to collect the pension (E) holding that the employers insidious pattern of seeking to tip the scales in its favor during employment disputes justified a decision to declare the entire agreement unenforceable

Answer: (C)


Question: limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction

Answer: (D)


Question: and supports a modification without any further proof of a change in cireamstance. "A well-founded custody preference by a child can support modification of custody without proof of any other change of cireumstance." Id. at ¶ 17, 211 P.3d at 927 (citing Hogue v. Hogue, 2008 OK CIV APP 63, ¶ 7, 190 P.3d 1177, 1180; Nelson v. Nelson, 2004 OK CIV APP 6, ¶ 4, 83 P.3d 911, 913; Nazsworth v. Nazworth, 1996 OK CIV APP 134, ¶ 12, 931 P.2d 86, 88). The trial court's decision granting Father's motion to modify custody is affirmed. CONCLUSION ] 23 The trial court properly exercised its discretion in granting Father's motion to modify custody and we affirm. 1 24 AFFIRMED. BARNES, V.C.J., and FISCHER, P.J., concur. 1 . See also Hogue v. Hogue, 2008 OK CIV APP 63, 19, 190 P.3d 1177, 1180 (<HOLDING>) preference to support the modification of 
 Holding statements: (A) holding that trial court did not abuse its discretion in admitting a transcript of a recording even though defense counsel did not stipulate to its accuracy (B) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (C) holding that the district court did not abuse its discretion in declining to apply laches where the only prejudice shown by the government was attributable to its own delay rather than to that of the movant (D) holding that the court did not abuse its discretion by tracking the statutory language in the instruction (E) holding the court did not abuse its discretion in modifying custody even though the court did not find father had shown a material change other than the 15 year old childs

Answer:
(E)