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.

Ex Input:
venture” (FAC ¶ 39) are similarly insufficient. See Cannon v. Douglas Elliman, L.L.C., No. 06-CV-7092, 2007 WL 4358456, at *4 n. 3 (S.D.N.Y. Dec. 10, 2007) (“[Pjleading a joint venture does not trigger joint employer status because it is possible for joint ventures to separately employ different people .... ”); Hibbs-Rines v. Seagate Techs., L.L.C., No. 08-CV-5430, 2009 WL 513496, at *5 (N.D.Cal. Mar. 2, 2009) (“Plaintiff joint employer allegations are insufficient because they are legal conclusions, not factual allegations, .... While plaintiff is not required to conclusively establish that defendants were her joint employers at the pleading stage, plaintiff must at least allege some facts in support of this legal conclusion.”) cf. Patel v. Wargo, 803 F.2d 632, 635-36 (11th Cir.1986) (<HOLDING>). Plaintiffs arguments that these Defendants 
 Holding statements: (A) holding under flsa 29 usc  216c (B) holding that the authorization under 29 usc  1132a3 extends to a suit against a nonfiduciary party in interest to a transaction barred by 29 usc  1106a (C) holding under 29 usc  216c (D) holding that the finding that entities constitute a single enterprise under 29 usc  203r is separate and distinct from whether an entity is an employer under 29 usc  203d (E) holding that the defendant is in the best position to prove and should bear the burden of establishing its entitlement to an exemption under 29 usc  1108 from 29 usc  1106b erisas prohibited transactions provision

Ex Output:
holding under flsa 29 usc  216c


Ex Input:
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

Ex Output:
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


Ex Input:
is reasonable only if the notice includes the date on which and the county in which the alleged crime or bad act occurred and the name of the alleged victim of the crime or bad act.” See Tex. Code Crim. Proc. Ann. art. 37.07 § 3(g). The record reflects that the State provided notice to appellant of its intention to use evidence of prior convictions and extraneous offenses, and it supplemented its notice. The notices included the information required by Article 37.07, Section 3(g). Additionally, appellan im.App.1998) (analyzing former appellate rule and holding review not preserved unless defendant brings matters to trial court’s attention in a motion for new trial and trial court rules on the motion); Longoria v. State, 154 S.W.3d 747, 762 (Tex.App.-Houston [14th Dist.2004, pet. refd) (<HOLDING>). Thus, appellant has waived his contention 
 Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that a deposition that was not presented to the trial court could not be considered on appeal (C) holding that a party may not raise a claim on appeal that was not presented to the trial court (D) holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial (E) holding where record fails to establish whether and how appellant presented motion for new trial to the trial court it was not timely presented

Ex Output:

holding that an issue not presented to the trial court will not be considered on appeal