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: States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). By assenting to settlement in this action, Defendants waived, for example, the right to contest the EPA’s regulatory jurisdiction, which would have been an element of the EPA’s substantive claim. See United States v. Krilich, 209 F.3d 968, 972 (7th Cir.2000) (“[T]he interstate connection, i.e. that the waters involved were ‘waters of the United States,’ is merely an element of the United States’ Clean Water Act case under section 301.”), cert. denied, 531 U.S. 992, 121 S.Ct. 482, 148 L.Ed.2d 455 (2000); see also United States v. Wilson, 133 F.3d 251, 264 (4th Cir.1997) (indicating proof of interstate nexus is an element of criminal liability under CWA); United States v. Ahmad, 101 F.3d 386, 391 (5th Cir.1996) (<HOLDING>). Moreover, a consent decree “is an agreement 
 Holding statements: (A) recognizing that exhaustion is mandatory and jurisdictional (B) recognizing the existence of the special relationship (C) recognizing existence of two tests (D) recognizing the existence of purely jurisdictional elements (E) holding that one of the essential elements of an abuse of process claim is the existence of an ulterior motive

SOLUTION: recognizing that exhaustion is mandatory and jurisdictional

PROBLEM: 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

SOLUTION: recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure

PROBLEM: District explained in a unanimous en banc opinion: [T]he more prudent approach is to allow trial judges, in their discretion, to qualify psychologists and neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist’s or neuropsychologist’s competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes. Broward County Sch. Bd. v. Cruz, 761 So.2d 388, 395 (Fla. 4th DCA 2000), approved, 800 So.2d 213 (Fla.2001). I agree with Cruz and would adopt this approach. As noted by Cruz, the majority of courts in this country have rejected the bright-line rule used in DeSerio. See, e.g., Huntoon v. T.C.I. Cablevision of Colorado, Inc., 969 P.2d 681, 689 (Colo.1998) (en banc) (<HOLDING>); Hutchison v. Am. Family Mut. Ins. Co., 514 
 Holding statements: (A) holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis (B) holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights (C) holding that violation of state law was not a per se constitutional violation (D) holding such agreements to be per se illegal (E) holding that neuropsychologists are not per se unqualified to speak on the causation of organic brain injury

SOLUTION:
holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis