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: Inc., 299 F.Supp.2d 1307, 1321 (S.D.Fla.2004). First, the PSLRA altered Rule 9(b)’s particularity requirement by mandating the following: [T]he complaint shall specify each statement alleged to have been misleading, the reason or reasons why the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed. 15 U.S.C. § 78u-4(b)(l)(B). Thus, the PSLRA requires greater specificity than Rule 9(b). Druskin, 299 F.Supp.2d at 1321. Second, the PSLRA raised the standard for pleading scienter by making it clear that a plaintiff can no longer plead scienter generally. In order to properly allege scienter, the plaintiff m 2 n. 2 (11th Cir.1999) (<HOLDING>). Additionally, the Eleventh Circuit has 
 Holding statements: (A) recognizing defense in securities case (B) recognizing doctrine (C) holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange (D) holding the doctrine applied in a case of mistake (E) recognizing the incorporation by reference doctrine in a securities case

A: (E)
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Q: (3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule

A: (A)
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Q: Inc. v. NNR Global Logistics USA, Inc., No. 09-2202 (JRT/JJK), 2009 WL 4730330, at *4-5 (D.Minn. Dec. 4, 2009); Highland Supply Corp. v. Kurt Weiss Greenhouses, Inc., No. 08-859-GPM, 2009 WL 2365244, at *2 (S.D.Ill. April 28, 2009); TSR Silicon Res., Inc. v. Broadway Com Corp., No. 06 Civ. 9419(NRB), 2007 WL 4457770, at *4 (S.D.N.Y. Dec. 14, 2007). As a result, the comments and cases suggest that the answer to the question whether a forum-selection provision materially alters a contract under UCC section 2-207 is that it depends. In some instances, courts have considered the question of material alteration to be one for the jury, including the most recent case involving UCC section 2-207 from the Eighth Circuit. See BVS, Inc. v. CDW Direct, LLC, 759 F.3d 869, 872-73 (8th Cir.2014) (<HOLDING>). A court, however, cannot submit to the jury 
 Holding statements: (A) holding that question of fact for the jury exists on whether warranty disclaimers materially altered the agreement and whether the course of dealing supplemented the agreement (B) recognizing that whether a duty exists is a question of law for the courts (C) recognizing that the critical question is whether any present violation exists (D) holding that it was error for the court to enter a modified agreement which materially altered the agreement reached by the parties (E) holding that whether a contract has been modified by subsequent oral agreement or course of dealing is a question of fact for the jury

A:
(A)
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