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: to survive. See Plaintiffs’ Brief, 9-10 citing Phillips, 515 F.3d at 233 (explaining that Rule 8(a)(2) general notice pleadings standard remains intact after Twombly) Because this question goes to the very heart of the matter, it must be addressed first. To recapitulate, this Court’s April 2007 Opinion weighed the sufficiency of the “enterprise” allegations in accordance with the Third Circuit’s ruling in Seville Indus. Mach. Corp. v. Southmost Mach. Corp., 742 F.2d 786 (3d Cir.1984). See 365 B.R. at 548. Seville stated that nothing more than general notice pleading was required for pleading a RICO enterprise. Seville relied, implicitly, on the long-standing rule regarding notice pleading first enunciated in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101, 2 L.Ed.2d 80 (1957) (<HOLDING>) But two months after this Court’s April 2007 
 Holding statements: (A) holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief  (B) holding that a pro se complaint  should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief (C) holding that dismissal is proper only if it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief (D) holding that a complaint will not be dismissed unless it appear beyond doubt that the plaintiff can prove no set of facts in support of his claim (E) recognizing the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

SOLUTION: holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief 

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: and train staff members, id. at 38; and (10) defendants “conspire against prisoners” who file grievances and complaints, id. Plaintiffs attempt to establish personal involvement based upon the supervisory roles these defendants occupied is inappropriate. See, e.g., Pettus v. Morgenthau, 554 F.3d 293, 300 (2d Cir.2009) (vague and conclusory allegations that a supervisor has failed to properly monitor the actions of subordinate employees do not suffice to establish the requisite personal involvement and support a finding of liability); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (plaintiff “must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights”); Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994) (<HOLDING>); Gill v. Mooney, 824 F.2d 192, 196 (2d 
 Holding statements: (A) holding evidence insufficient to support finding of implied contract (B) holding that failure to follow gaap without more is insufficient to establish scienter (C) holding that a position in a hierarchical chain of command without more is insufficient to support a showing of personal involvement (D) holding that the filing of notice without motion is insufficient (E) holding that mere presence at the crime scene without more is insufficient to prove accomplice liability

SOLUTION:
holding evidence insufficient to support finding of implied contract