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.

Q: it is not plainly erroneous or inconsistent with the regulation”). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC’s deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when “determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution.” 12 C.F.R. § 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). “Deposit account records” include “account 
 Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records

A: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account
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Q: provider in the course of treatment. In cases involving successive tortfeasors whose separate causal contributions to the plaintiff’s harm can be measured, the doctrine of joint and several liability applies only to the enhanced portion of the injury. See Keeton et al. § 52, at 352 (discussing distinction between original tortfeasor’s liability, which encompasses entire injury, and treating physician’s liability, which extends only to negligent treatment); Restatement (Second) of Torts § 433A cmt. c. 17. Even though the original tortfeasor may be held hable for both the original and the enhanced injury, the imposition of entire liability is only temporary. The original tortfeasor, whose duty is of a different character and who is not in pari delicto with a successive 35, 42 (1985) (<HOLDING>). Thus liability for the enhanced injury may be 
 Holding statements: (A) recognizing the right under federal maritime law to contribution or indemnity from another tortfeasor (B) holding that contribution will lie where no statute precludes recovery from the joint tortfeasor against whom contribution is sought (C) holding original tortfeasor had no right to indemnification because it was not an innocent party (D) recognizing a right to contribution (E) holding original tortfeasor had no right to indemnification because claim properly was for contribution

A: recognizing the right under federal maritime law to contribution or indemnity from another tortfeasor
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Q: or fact common to the class.” This standard is not strictly construed: Rule 23(a)(2) has been construed permissively. All questions of fact and law need not be common to satisfy the rule. The existence of shared legal issues with divergent factu or defenses of the representative parties are typical of the claims or defenses of the class.” “Typicality and commonality requirements are similar and tend to merge.” Californians for Disability Rights, Inc. at 346 (N.D.Cal.2008); see also Wal-Mart, 131 S.Ct. at 2551, n. 5. “Under the rule’s permissive standards, representative claims are ‘typical’ if they are reasonably coextensive with those of absent class members; they need not be substantially identical.” Hanlon, 150 F.3d at 1020; see also L.H v. Schwarzenegger, 2007 WL 662463, at *12-13 (<HOLDING>). Although the claims of the purported class 
 Holding statements: (A) holding that minor differences among the class are inconsequential and rejecting the defendants assertion that plaintiffs had not shown sufficient evidence that each plaintiff was disabled since the deprivations complained of by plaintiffs affected the entire class (B) holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity (C) holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint (D) holding that where material misrepresentations are made to class members an inference of reliance arises to the entire class (E) recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members

A:
holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity
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