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: The savings clause states that "[compliance with an order [under the MDA] shall not relieve any person from liability under Federal or State law." 21 U.S.C.A. 360h(d). While the savings clause almost certainly prohibits a holding that the MDA preempts all state law liability, our interpretation of 360k(a) does not preclude all liability. Further, nothing in the savings clause suggests that some tort liability, as opposed to other types of liability, must be preserved. Interpreting the savings clause to preserve non-tort liability, such as contract liability, is not only permissible, but also comports with the Supreme Court's interpretation of a savings clause in a recent preemption case. See American Airlines, Inc. v. Wolens, U.S. -, -, 115 S.Ct. 817, 826, 130 L.Ed.2d 715 (1995) (<HOLDING>). Moreover, where the preemptive intent of
Holding statements: (A) holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs (B) holding consumer claims under the texas deceptive trade practices act nonassignable (C) holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions (D) holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act (E) holding that cjlaims for unfair competition and deceptive business practices involving trade names brought under illinois statutes are to be resolved according to the principles set forth under the lanham act and noting that illinois courts look to federal case law and apply the same analysis to state infringement claims

SOLUTION: holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs

PROBLEM: the in-state banking activities of these French and Japanese banks and Plaintiffs' claims arising from a terrorist attack that occurred in Israel with the support of the Iranian government. It certainly cannot be said that Plaintiffs' claims "directly arise" out of the banking activities of these local branches. See GCIU, 565 F.3d at 1024. Thus, under traditional legal principles, specific jurisdiction is lacking. Although the Seventh Circuit has not addressed this issue, two Circuits have reformulated the minimum-contacts inquiry in cases involving third-party discovery, focusing more narrowly "on the connection between the nonparty's contacts with the forum and the discovery order at issue." Gucci, 768 F.3d at 137; see also S.E.C. v. Knowles, 87 F.3d 413, 418 (10th Cir.1996) (<HOLDING>)., It is unclear whether this test is proper,
Holding statements: (A) holding that standing alone defendants 4 million in sales in the forum state over a sevenyear period may not have been sufficient to support the exercise of general jurisdiction but that the numerous other contacts with the forum in the case including advertising relationships with dealers and more than 150 visits tipped the balance and led the court to conclude that there were sufficient contacts to allow the exercise of general jurisdiction (B) holding that specific jurisdiction requires plaintiff to show that defendants forum contacts be related directly to the subject of the lawsuit (C) holding no specific jurisdiction where alleged tortious conduct was not related to defendants contacts with texas (D) holding that courts exercise of specific jurisdiction was proper where subpoena enforcement action arose out of nonpartys contacts with the forum (E) holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum

SOLUTION: holding that standing alone defendants 4 million in sales in the forum state over a sevenyear period may not have been sufficient to support the exercise of general jurisdiction but that the numerous other contacts with the forum in the case including advertising relationships with dealers and more than 150 visits tipped the balance and led the court to conclude that there were sufficient contacts to allow the exercise of general jurisdiction

PROBLEM: See also United States v. Morgan, 384 F.3d 1, 6 (1st Cir.2004) (questioning whether plain error was even available, or whether the issue was waived entirely, when a Blakely issue was neither raised below nor initially in this court). Plain error is an extremely deferential standard; errors will be corrected only if "(1) ... an error occurred (2) which was clear or obvious and which not only (3) affected [his] substantial rights, but also (4) seriously impaired the fairness, integrity, or public reputation of judicial proceedings." Id. (quoting United States v. Duarte, 246 F.3d 56, 60 (1st Cir.2001)). In applying the plain error standard after Blakely, we have held that no plain error occurs where the facts underlying the enhancement _ were undisputed. Savarese, 385 F.3d at 22 (<HOLDING>). We have also noted, and now emphasize, that
Holding statements: (A) holding that a sentencing court may warn a defendant of the possibility of a sentence enhancement (B) holding that omission was not plain error (C) holding that a defendant who fails to object to an error at a plea colloquy hearing must satisfy the plain error rule (D) holding that a defendant who did not dispute the factual basis underlying the sentence enhancement forecloses a finding of plain error (E) holding that any error was harmless and thus not plain error

SOLUTION:
holding that a sentencing court may warn a defendant of the possibility of a sentence enhancement