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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: at 1459-60 (references to subsidiary as “division” of Kodak not equivalent to evidence that two companies operated as “single economic entity”); Akzona, 607 F.Supp. at 238 (language of annual report and employee testimony describing subsidiaries as divisions of parent not sufficient, even in conjunction with other evidence, to establish alter ego relationship). ... In a case presenting similar questions, the Ninth Circuit found no alter ego relationship was created where the parent company guaranteed loans for the subsidiary, reviewed and approved major decisions, placed several of its directors on the subsidiary’s board, and was closely involved in the subsidiary’s pricing decisions. Kramer Motors, Inc. v. British Leyland, Ltd., 628 F.2d 1175, 1177 (9th Cir.1980).... Id. at 927-928 (<HOLDING>). Here, plaintiffs proffer evidence that CNOFG 
 Holding statements: (A) holding that the general corporate laws are incorporated into the corporate charter (B) holding that to establish that subsidiary is agent of parent for jurisdictional purposes the parent must exert control that is so pervasive and continual that the subsidiary may be considered an agent or instrumentality of the parent notwithstanding the maintenance of corporate formalities (C) holding that because the corporate parent and subsidiary defendants before it observed all of the corporate formalities necessary to maintain corporate separateness notwithstanding the parents active involvement in the subsidiaries operations the evidence did not establish that the entities were alter egos of one another (D) holding constitutional due process requires that personal jurisdiction cannot be premised on corporate affiliation or stock ownership alone where corporate formalities are substantially observed and the parent does not exercise an usually high degree of control over the subsidiary (E) holding that under north carolina law a corporate parent cannot be held liable for the acts of its subsidiary unless the corporate structure is a sham

SOLUTION: (C)

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: (E)

PROBLEM: under a claims-made policy, but rather was only a request for information and explanation); United Capital Ins. Co. v. New York Marine and General Ins. Co., No. 91-4862, 1992 WL 38343, at *3 (E.D.Pa. Feb.19, 1992) (concluding that a letter sent to plaintiff constituted a claim because the letter “specifies the nature of the injuries, alleges negligence on the part of the insured and makes a demand for monies in the form of reimbursement”); Insurance Corp. of America v. Dillon, Hardamon & Cohen, 725 F.Supp. 1461, 1469 (N.D.Ind.1988) (“The word claim requires a demand for money or property or some specific relief, accompanied by an allegation of negligence, malpractice, or some kind of wrongdoing.”); Bensalem Township v. Western World Ins. Co., 609 F.Supp. 1343, 1348-49 (E.D.Pa.1985) (<HOLDING>); Phoenix Ins. Co. v. Sukut Constr. Co., 136 
 Holding statements: (A) holding that plaintiff had failed to state a claim for relief under section 1983 (B) holding that failure of eeoc to transmit charge to phrc within limitations period was subject to equitable tolling where plaintiff requested crossfiling in the cover letter attached to the eeoc charge on the first page of the charge itself and on an official form used by the eeoc for requests for dualfiling (C) holding that neither a letter from the eeoc nor an attached charge of age discrimination qualified as a claim under a claimsmade policy because the documents failed to request money or other relief and only served to put the plaintiff on notice that a demand for relief may subsequently follow (D) holding that plaintiffs filing with the eeoc constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act (E) holding because the district court refused to grant plaintiff reinstatement or any other injunctive relief the damage award was neither incidental to nor intertwined with any other relief

SOLUTION:
(C)