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: for these terms in the specifications or prosecution histories of the '403-S or '838 patents. Furthermore, the fact that the inventors removed the term "comprising" from Claim 1 of the '403-S patent does not change the plain meaning of the term "composition," which remains in the final version of the claim. Moreover, if the court were to adopt the construction of the '403-S claims put forth by Glaxo, Claim 1 would contradict Claim 1 of the '838 patent, which retains the term "comprising" and claims the process for producing the compositions described in '403-S patent. Such a construction would be inconsistent. In light of these findings, the court concludes that the terms "comprising" and "composition" must be construed according to their plain meanings. See Vitronics, 90 F.3d at 1582 (<HOLDING>). As a result, the phrases "immunoglobulin
Holding statements: (A) holding that words in claims are generally given their ordinary and customary meaning unless the patentee clearly sets forth a different in the specification or file history (B) holding that we must give the words in statutes their plain and ordinary meaning (C) holding that statutory words must be given their ordinary contemporary meaning (D) recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning (E) holding that the clear and unambiguous words of an insurance contract should be given their plain and ordinary meaning

SOLUTION: holding that we must give the words in statutes their plain and ordinary meaning

PROBLEM: for constitutional tort claims." Mem. Supp. Defs.' Mot. Dismiss 8 (quoting Harris v. Holder, 885 F.Supp.2d 390, 397 (D.D.C.2012)). Defendants are also right in noting that although Plaintiffs reference 22 U.S.C. 1623 and 42 U.S.C. 1983 throughout their complaint, see Compl. 5-9, neither statutory provision contains a waiver of sovereign immunity. Mem. Supp. Defs.' Mot. Dismiss 8. For their part, Plaintiffs point out only that their complaint does not contain the word "damages." Mem. Supp. Pis.' Resp. Defs.' Mot. Dismiss 9, ECF No. 12. But Plaintiffs cite no authority for the proposition that a complaint's literal avoidance of the term "damages" compels a finding that the claim "seek[s] relief other than money damages." 5 U.S.C. 702; cf. Blue Fox, 525 U.S. at 263, 119 S.Ct. 687 (<HOLDING>). Both parties, however, overlook the fact that
Holding statements: (A) holding also that the money in the hands of the sheriff for distributions was created or at least made available by the efforts of counsel (B) holding that action for lien seeks money damages because its goal is to seize or attach money in the hands of the government as compensation (C) holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief (D) recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money (E) holding that the due process clause does not obligate the government to pay money damages

SOLUTION:
holding also that the money in the hands of the sheriff for distributions was created or at least made available by the efforts of counsel