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: 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: The savings clause states that “[compliance with an order [under the MDA] shall not relieve any person from liability under Federal or State law.” 21 U.S.C.A. § 360h(d). While the savings clause almost certainly prohibits a holding that the MDA preempts all state law liability, our interpretation of § 360k(a) does not preclude all liability. Further, nothing in the savings clause suggests that some tort liability, as opposed to other types of liability, must be preserved. Interpreting the savings clause to preserve non-tort liability, such as contract liability, is not only permissible, but also comports with the Supreme Court’s interpretation of a savings clause in a recent preemption case. See American Airlines, Inc. v. Wolens, — U.S. -, -, 115 S.Ct. 817, 826, 130 L.Ed.2d 715 (1995) (<HOLDING>). Moreover, where the preemptive intent of 
 Holding statements: (A) holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs (B) holding consumer claims under the texas deceptive trade practices act nonassignable (C) holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions (D) holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act (E) holding that cjlaims for unfair competition and deceptive business practices involving trade names brought under illinois statutes are to be resolved according to the principles set forth under the lanham act and noting that illinois courts look to federal case law and apply the same analysis to state infringement claims

SOLUTION: holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs

PROBLEM: the order or judgment using a common-law writ of certiorari. In addition to this statutory requirement, persons seeking judicial review of a board of zoning appeals decision must have been parties to the proceeding before the board. Levy v. Board of Zoning App., No. M1999-00126-COA-R3-CV, 2001 WL 1141351, at *5 (Tenn.Ct.App. Sept.27, 2001) (No Tenn. R.App. P. 11 application filed). Both TenmCode Ann. § 13-7-206(b) and Tenn.Code Ann. § 27-9-101 authorize persons who are “aggrieved” to appeal, first to the Board and then to the courts. Extending the authority to appeal and to seek judicial review to all persons who are “aggrieved” reflects an intention to ease the strict application of the customary standing principles. Federal Election Com’n v. Akins, 524 U.S. at 19, 118 S.Ct. at 1783 (<HOLDING>). It is desirable that land use matters be 
 Holding statements: (A) holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii (B) holding that congress may dispense with prudential standing requirements (C) holding that article iii constitutional standing must be addressed before considering lanham act prudential standing (D) recognizing prudential concerns underlying antitrust standing restrictions (E) holding that hfistory associates the word aggrieved with a congressional intent to cast the standing net broadly  beyond the commonlaw interests and substantive statutory rights upon which prudential standing traditionally rested

SOLUTION:
holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii