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: required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega’s fifth point is overruled. Notice of Hearing Mocega’s final two points assert the trial court was required to grant her the grace period provided under art. 4590i, § 13.01(g). A motion under that section is timely if filed before “any hearing” on a defendant’s motion to dismiss. Urquhart’s motion was “heard” by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega’s motion was not filed until April 
 Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing

SOLUTION: holding term successor does not contemplate acquisition by ordinary purchase from another corporation

PROBLEM: was merely acting as Casey’s nominee by allowing him to park 28th Place in her name without relinquishing the benefits of ownership of the property. The district court agreed with the government and allowed forfeiture on this ground. Black’s Law Dictionary defines a “nominee” (in the context of property law) as a “party who holds bare legal title for the benefit of others or who receives and distributes funds for the benefit of others.” Black’s Law Dictionary 1149 (9th ed.2009). Unlike a party with a cognizable property interest, a nominee cannot claim a viable third-party interest sufficient to render a forfeiture invalid. See People v. Chicago Title and Trust Co., 75 Ill.2d 479, 27 Ill.Dec. 476, 389 N.E.2d 540, 544 (1979); United States v. Herrero, 893 F.2d 1512, 1542 (7th Cir.1990) (<HOLDING>), abrogated on other grounds by United States 
 Holding statements: (A) holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc  841b1a because felony drug offense was defined in 21 usc  80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state (B) recognizing that we held in tilley that the forfeiture of proceeds from illegal drug sales pursuant to 21 usc  881a6 does not constitute punishment (C) holding that drug quantity is an element of an offense under 21 usc  841 (D) holding that scope of property subject to forfeiture is defined by the instrument creating an interest in the property (E) holding that property held by another as nominal owner for benefit of a drug dealer subject to forfeiture under 21 usc  853

SOLUTION: holding lopez was inapplicable to the language prior conviction for a felony drug offense in 21 usc  841b1a because felony drug offense was defined in 21 usc  80244 as an offense that is punishable by imprisonment for more than one year under any law of the united states or of a state

PROBLEM: recognition that on remand the plaintiff may very well be entitled to no relief at all. See, e.g., Maj.Op. at 86-87 & n. 24, 88 n. 26. In particular, I find this setting singularly inappropriate for an abstract discussion of novel constitutional rights of dubious applicability. 1 . The District Court may, however, have made the case more difficult than it need have been by refusing to rule on the Government’s request that the highly relevant materials contained in the sealed affidavit be disclosed. See Maj. Op. at 91. 2 . See Maj. Op. at 90 (recognizing well-established principle that a court should not consider constitutional arguments unless it has already determined that case cannot be decided on non-constitutional grounds); cf. J.P. v. DeSanti, 653 F.2d 1080, 1090 (6th Cir.1981) (<HOLDING>). But see Maj. Op. at 80 n. 14 (noting in 
 Holding statements: (A) holding that no private right of action exists (B) holding that a private right of action exists (C) holding that there is no private right of action against a state governmental entity for violations of the texas constitution (D) holding that the constitution does not encompass a general right to nondisclosure of private information (E) recognizing private right of action

SOLUTION:
holding that no private right of action exists