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.
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Question: the Bond offering because they underwrote the transaction and sold the Bonds to investors, either directly or through their brokers. Indeed, given the role of underwriters generally, Baird, Jones, and Stern “had a duty to make an to speak, they knew investors might rely on the statements made. The law firms’ duty, however, must also be considered in light of the services they were retained to perform. Because Kutak and Stinson were not hired to opine on the feasibility of the Event Center, they cannot have been held to a duty to investigate or determine whether the financial projections were realistic unless these firms otherwise became involved in the making, preparing, or drafting of those projections. See N.Y. City Emps.’ Ret. Sys. v. Berry, 616 F.Supp.2d 987, 994 (N.D.Cal.2009) (<HOLDING>). Similarly, to the extent the law firms 
 Holding statements: (A) holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors (B) holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements (C) recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case (D) holding that district court must conduct individualized assessment based on particular facts of each case (E) holding that the issue of waiver requires an analysis of the specific facts in each case

Answer: holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the  3553a factors or to discuss each of the  3553a factors


Question: court, in addition to other disbursements allowed by law, the following costs: . . . For travel, such sum as the court may allow”); Mass.RCiv.P. 54(d) (“Except when express provision therefore is made either in a statute of the Commonwealth or on these rules, costs shall be allowed as of course to the prevailing pariy unless the court otherwise directs”). However, the Supreme Judicial Court cautioned that “(i]n taxing costs, courts do not seek to compensate litigants fully for the cost of litigation.” Waldman v. American Honda Motor Co., supra, 413 Mass, at 322. Furthermore, the Supreme Judicial Court has advised that “where such costs are permitted, an award of costs is allowable only when based on ‘specific affirmative authority.’ ” Demoulas v. Demoulas, 432 Mass. 43, 64 (2000) (<HOLDING>). 4.Travel Costs of Prevailing Party In 
 Holding statements: (A) holding that attorneys fees and court costs are recoverable under general hold harmless indemnity agreement (B) holding costs of service of subpoenas recoverable (C) holding that costs of daily transcripts during trial are not recoverable (D) holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered (E) holding that fees are not recoverable for work for which the client could not be charged

Answer: holding that attorneys fees and court costs are recoverable under general hold harmless indemnity agreement


Question: complaint belies this assertion. Paragraph 96 of plaintiffs’ complaint reads, [plaintiff's have alleged the foregoing based upon the investigation of their counsel, which included a review of SGI’s SEC filings, securities analysts reports and advisories about the Company, press releases issued by the Company, media reports about the Company and discussions with consultants, and believe that substantial evidentiary support will exist for the allegations set forth in ¶¶ 1, 4-15, 19, 27-43, 46, 49-50, 53, 56, 58-70, 72-82, 84, and 87 after a reasonable opportunity for discovery. Because the sources set forth in paragraph 96 do not provide plaintiffs with personal knowledge, the complaint must be based on information and belief — that is the only alternative. See Wool, 818 F.2d at 1439 (<HOLDING>). The degree of specificity required by the SRA 
 Holding statements: (A) recognizing that declarations on information and belief are not entitled weight for summary judgment proceedings where the declarant lacks personal knowledge (B) holding that plaintiffs may plead on information and belief if matters are not within their personal knowledge (C) holding that it was proper for court to rely on affidavits of defendants representatives in negotiations because their personal knowledge and competence to testify are reasonably inferred from their positions and the nature of their participation in the matters to which they swore (D) holding that jurors do not need expert testimony on matters of common knowledge (E) holding that lay testimony is competent if it is limited to matters that the witness has actually observed and is within the realm of the witnesss personal knowledge

Answer:
recognizing that declarations on information and belief are not entitled weight for summary judgment proceedings where the declarant lacks personal knowledge