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: from the OSHA inspection after this incident were for repeat offenses, the repeat offense that appears pertinent to this ease was the failure to mark a container of hazardous chemicals so as to identify the chemical. The prior citation for such an offense is not in the record, and we are unable to determine whether the “repeat” aspect of the citation pertains only to the type of citation or to the particular location of the offending container. In any event, our supreme court has not yet held that OSHA citations are evidence that compels the conclusion that a coemployee was substantially certain that injury or death would occur. In fact, in two cases involving OSHA citations, the court has held that such citations would not support that finding. See Ex parte Martin, 733 So.2d at 396 (<HOLDING>), and Harris v. Simmons, 585 So.2d 906, 908 
 Holding statements: (A) holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury (B) holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur (C) holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur (D) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (E) holding governments position substantially justified where sufficient support existed in precedent

Answer: holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury


Question: phrase “periodical ly review and monitor the agent” is untested. Thus, the unanswered question before us is how much reviewing and monitoring is required by a trustee to satisfy the mandates of R.C. 1339.59(A)(3)? The plain meaning of the operative words are (1) review — “to go over or examine critically or deliberately” and (2) monitor — “to watch, keep track of, or check usually for a special purpose.” Merriam-Webster’s Collegiate Dictionary (11th Ed.2003) 1067, 801. However, secondary legal authority on this point is scarce and wide ranging: If in the exercise of reasonable diligence, the trustee discovers conditions adversely affecting the security of the investment, it is bound to er (1987), 152 Ariz. 527, 528, 733 P.2d 1110, citing Restatement of the Law 2d, Trusts (1959) 227 (<HOLDING>); Estate of Miller (1964), 230 Cal.App.2d 888, 
 Holding statements: (A) holding that a trustee who lacks investment experience must seek expert advice regarding investing trust assets while exercising his own judgment (B) holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa (C) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (D) holding that although a trustee is not required to watch the ticker as a speculator would    the question of the quality of judgment in holding or disposing of trust assets    coupled with evidence of failure to review or monitor the trust estate and refusal to meet with cotrustees presents a jury question on whether or not the trustee breached his duty (E) holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds

Answer: holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa


Question: against the other defendants. See Am.Compl. ¶ 23. 2 . The individual defendants also maintain that plaintiffs have engaged in impermissible group pleading. The court agrees. In view, however, of the continuing split among the district courts concerning whether the group pleading doctrine survived enactment of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. § 78u-4, compare, e.g., In re CIENA Corp Sec. Litig., 99 F.Supp.2d 650, 663 n. 11 (D.Md.2000) (stating in dicta that application of group pleading doctrine to non-speaking defendants "would seem to be inconsistent with the strict pleading requirements of the PSLRA” (citing Coates I, 26 F.Supp.2d at 916)) with, e.g., In re American Bank Note Holographics, Inc. Sec. Litig., 93 F.Supp.2d 424, 442 (S.D.N.Y.2000) (<HOLDING>), the absence of a controlling Fifth Circuit 
 Holding statements: (A) holding that nothing in the pslra has altered that doctrine (B) holding pslra abolished grouppleading doctrine (C) holding that defendant has the burden of proving that a product has been altered unless the product has been lost whereupon plaintiff must bear the burden of persuasion if the defense of substantial change is raised (D) holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law (E) recognizing doctrine

Answer:
holding pslra abolished grouppleading doctrine