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: 39:4-88(b), the mandate to drive within a single lane to the extent practicable applies, whether or not a deviation from that lane imposes a risk to another driver. The statute’s second clause addresses a related, but discrete, mandate of the Code. It requires a driver to ascertain the safety of switching lanes before conducting a lane change. N.J.S.A. 39:4-88(b). Unlike the violation described in the first clause of N.J.S.A. 39:4-88(b), the violation described in the second clause is avoided if a driver, in a roadway with multiple lanes traveling in the same direction, first determines that departure from a lane may be conducted safely. The Appellate Division’s limitation of N.J.S.A. 39:4-88(b) to the violation identified in the statute’s second clause would render t .App.1998) (<HOLDING>). Thus, the courts of our sister states, 
 Holding statements: (A) holding that due regard describes a standard between ordinary care and recklessness (B) holding that tex transp code ann  545060a describes one offense (C) holding that no offense alleged where affidavit described offense as felony (D) holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense (E) holding that the statute describes but one offense which can be committed by either or both of two methods

SOLUTION: holding that due regard describes a standard between ordinary care and recklessness

PROBLEM: instruction was “a powerful indictment of [Smith’s] case and arguments.” She claims that there was no way to cure the effect of this instruction. We disagree. The trial court could have made any error harmless by clarifying its instruction to allow the jury to consider the evidence that Smith claims should not have been excluded. Smith therefore had to object to preserve error on this ground, and she did not do so. Accordingly, we overrule her second issue. Having overruled both of Smith’s issues, we affirm the trial court’s judgment. WALKER, J. filed a dissenting opinion. 1 . See Tex.R. Civ. P. 286; Goode v. Ramey, 48 S.W.2d 719, 722 (Tex.Civ.App.-El Paso 1932, writ ref'd). 2 . See Pate v. Texline Feed Mills, Inc., 689 S.W.2d 238, 245 (Tex.App.-Amarillo 1985, writ ref’d n.r.e.) (<HOLDING>); see also Texaco, Inc. v. Pennzoil Co., 729 
 Holding statements: (A) holding that by not objecting the appellants had waived any error in the trial courts correction of typographical errors in the charge (B) holding that the plain error review provided for in ocga  17858 is waived where the defendant requested the charge in question and made no objection to the charge at trial (C) holding appellant waived issue on appeal by not objecting to or protesting the motion to strike before trial court (D) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (E) holding that we ordinarily review jury instruction challenges for correction of errors at law

SOLUTION:
holding that the plain error review provided for in ocga  17858 is waived where the defendant requested the charge in question and made no objection to the charge at trial