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.

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
holding under flsa 29 usc  216c

Dr. Proctor testified about the 2014 Report’s conclusion that filtered cigarettes increased the risk of adenocarci-noma (a type of lung cancer) by causing smokers to inhale more deeply, and by ventilating in a way‘that “increases certain poisonous compounds.” On appeal, Defendants argue that Plaintiff should not have been permitted to use the 2014 Report to bolster the testimony of her expert witness. On this point, we also agree with Defendants. It is well established that “experts cannot bolster or corroborate their opinions with the opinions of other experts who do not testify,” as -“[s]ueh testimony improperly permits one expert to become a conduit for the opinion of another expert who is not subject to cross-examination.” Schwarz v. State, 695 So.2d 452, 455 (Fla. 4th DCA 1997) (<HOLDING>); accord Tolbert v. State, 114 So.3d 291, 294 
 Holding statements: (A) holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion (B) holding that any probative value of bolstered testimony is substantially outweighed by the danger of unfair prejudice confusion of issues or misleading the jury quoting  90403 fla stat (C) holding that the probative value of contested evidence far outweighed any danger of unfair prejudice where any potential unfair prejudice was cured by a limiting jury instruction (D) holding in a criminal context that the probative value of evidence of other crimes is not substantially outweighed by danger of unfair prejudice where the court will give a limiting jury charge (E) holding that witness testimony about prior drug purchases from defendant was highly probative of brookins guilt and was not outweighed by any danger of undue prejudice
holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion

denied. PETITION DISMISSED IN PART AND DENIED IN PART. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . Torres does not contest the IJ's finding that he committed an aggravated felony and is therefore ineligible for asylum under 8 U.S.C. § 1252(a)(2)(C); he merely argues that his aggravated felony conviction did not constitute a particularly serious crime, a sufficient finding to disqualify him from withholding of removal relief. 2 . The government argues that 8 U.S.C. § 1252(a)(2)(C) also bars our jurisdiction of Torres’s CAT claim. We disagree because in denying relief under the CAT, the BIA considered the merits and did not rely on Torres's prior conviction. Brezilien v. Holder, 569 F.3d 403, 410 (9th Cir.2009) 
 Holding statements: (A) recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted (B) holding that as to factual issues when an ij does not rely on an aliens conviction in denying cat relief and instead denies relief on the merits none of the jurisdictionstripping provisions  apply to divest this court of jurisdiction ellipsis in original internal quotation marks omitted (C) recognizing that an aliens ability to secure reopening depends on a demonstration of prima facie eligibility for relief which means she must show a realistic chance that she will be able to obtain such relief internal quotation marks omitted (D) holding that the attorney generals discretionary power to suspend deportation did not apply to aliens within the country on parole because parole by statute was not to be regarded as an admission of the alien citation and internal quotation marks omitted (E) holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original

recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted