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: It is axiomatic, however, that states act through their officials and agencies. Thus, under Will, those state agencies and other political subdivisions which carry out the state’s business and have immunity from lawsuits under the Eleventh Amendment constitute “arms of the state.” Pursuant to Will, such entities would not be considered persons under § 1983. Those political subdivisions which are not provided immunity under the Eleventh Amendment, do not rise to the level of “arms of the state” and would, under Will, be considered to be persons for the purposes of § 1983. See Barket, Levy & Fine v. St. Louis Thermal Energy Corp., 948 F.2d 1084, 1086-88 (8th Cir.1991) (bi-state agency is a “person” under § 1983); Magula v. Broward Gen. Medical Ctr., 742 F.Supp. 645, 649 (S.D.Fla.1990) (<HOLDING>). Since the Will decision was handed down, a 
 Holding statements: (A) holding that a county is not an arm of the state for purposes of the eleventh amendment (B) holding that an ohio school district is more like a county or city than it is like an arm of the state and therefore it is not entitled to assert eleventh amendment immunity from suit (C) holding that the anne arundel board of education is an arm of the state for purposes of eleventh amendment immunity (D) holding that the puc is not an arm of the state and rejecting claim of immunity (E) holding that because hospital district is more like a municipality than an arm of the state hospital district did not have eleventh amendment immunity

SOLUTION: holding that a county is not an arm of the state for purposes of the eleventh amendment

PROBLEM: defendant’s conversion by wrongful act inconsistent with the property rights of the plaintiff; and (3) damages.” In re Emery, 317 F.3d 1064, 1069 (9th Cir.2003) (citing Burlesci v. Petersen, 68 Cal.App.4th 1062, 1065, 80 Cal.Rptr.2d 704 (1998)). One partner can be liable to another for conversion of partnership property. Oakdale Vill. Grp. v. Fong, 43 Cal.App.4th 539, 546, 50 Cal.Rptr.2d 810 (1996), as modified on denial of reh’g, (Apr. 10, 1996). Further, intangible property such as corporate shares and bonds may be the proper subject of a conversion claim. See Am. Bankers Mortgage Corp. v. Fed. Home Loan Mortgage Corp., 75 F.3d 1401, 1411 (9th Cir.1996) (collecting California cases); see also Fremont Indem. Co. v. Fremont Gen. Corp., 148 Cal.App.4th 97, 125, 55 Cal.Rptr.3d 621 (2007) (<HOLDING>). However, more abstract intangible property, 
 Holding statements: (A) holding that a calculation of the amount of loss is a factual finding (B) holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss (C) holding that it is not (D) holding insufficiently definite bonus agreement that did not establish amount or method for determining amount of payment (E) holding that a businesss net operating loss is the proper subject of conversion because it is a definite recordable amount

SOLUTION: holding that a calculation of the amount of loss is a factual finding

PROBLEM: States Supreme Court and the Court of Appeals for the Second Circuit have previously rejected this analysis on multiple occasions. See Harris Trust & Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238, 247, 120 S.Ct. 2180, 147 L.Ed.2d 187 (2000) (finding that ERISA Section 502(a)(3) strictly limits the “universe of plaintiffs who may bring certain civil actions.”) (emphasis in original); Franchise Tax Bd. v. Constr. Laborers Vacation Trust for S. Cal., 463 U.S. 1, 27, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983) (“ERISA carefully enumerates the parties entitled to seek relief under [§ 502(a)(3) ]; it does not provide anyone other than participants, beneficiaries, or fiduciaries with an express cause of action.... ”); Nechis v. Oxford Health Plans, Inc., 421 F.3d 96, 100 (2d Cir.2005) (<HOLDING>); Chemung Canal Trust Co. v. Sovran Bank/Md., 
 Holding statements: (A) holding that a plaintiff seeking individual relief under erisa  502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan (B) holding that collective bargaining agent representing employees had representational standing and therefore could bring an action under section 502 of erisa (C) holding that a lawyer who is fully aware of his clients obligation under an erisa plan to honor the subrogation interest of his employer may be held liable under section 502a3 of erisa (D) holding that claims for equitable relief under  502a3 are only available when a plaintiff has no other relief under erisa (E) holding that only members of the enumerated classes have standing to bring a civil action under erisa section 502a3

SOLUTION:
holding that a plaintiff seeking individual relief under erisa  502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan