instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
UCL and CLRA. In considering whether the plaintiff in Bruno had standing to bring claims arising from the defendants' gelcap product, when the plaintiff had only purchased the defendants' liquid product, the court noted that "treatises and the vast majority of persuasive authority indicate that ... the issue of whether a class representative may be allowed to present claims on behalf of others who have similar, but not identical, interests depends not on standing, but on an assessment of typicality and adequacy of representation." Id. at 530 (citing Greenwood v. Compucredit Corp., No. 4:08-cv-04878, 2010 WL 4807095, at *3 (N.D.Cal. Nov. 19, 2010); Arevalo v. Bank of Am. Corp., 850 F.Supp.2d 1008, 1017 (N.D.Cal.2011); Fallick v. Nationwide Mut. Ins. Co., 162 F.3d 410, 423 (6th Cir.1998) (<HOLDING>); 7AA Wright et al., Federal Practice and
Holding statements: (A) holding that employers have standing to sue (B) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (C) recognizing associational standing when members would have standing in own right (D) holding that because plaintiff had standing to sue for injury arising from his own benefit plan his ability to represent class members with different benefit plans should be analyzed under rule 23 not standing (E) holding that plaintiffs lacked standing to sue
answer:
(D)

question:
548 U.S. at 518, 126 S.Ct. at 2667 (Scalia, J., joined by Chief Justice Roberts and Justices Thomas and Alito, concurring in part and dissenting in part) (concluding that "compliance with 5 of the Voting Rights Act can be [a compelling state] interest ... [otherwise] a State could be placed in the impossible position of having to choose between compliance with 5 and compliance with the Equal Protection Clause"). And we conclude that a plan will be narrowly tailored to achieve that interest when the race-based action taken was reasonably necessary under a constitutional reading and application of the Act. See Miller v. Johnson, 515 U.S. 900, 921, 115 S.Ct. 2475, 2490-91, 132 L.Ed.2d 762 (1995); see also Shaw v. Hunt, 517 U.S. 899, 916, 116 S.Ct. 1894, 1906, 135 L.Ed.2d 207 (1996) (<HOLDING>); United Jewish Orgs. of Williamsburgh, Inc. v.
Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that where the claimed interest is avoidance of liability under section 2 the legislative action must at a minimum remedy the anticipated violation or achieve compliance to be narrowly tailored (C) holding that liability may not be imposed on supervisory personnel under 1983 where at best the plaintiff has merely claimed that the appellants were aware of alleged violation but did not take appropriate action (D) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (E) holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation
answer:
(B)

question:
may assert the statute of limitations defense by filing a motion to dismiss under Article 27.08(2)"). 27 . Indeed, in his brief, appellant candidly states that "this entire appeal could have been avoided if the State had simply amended the existing information to comply with appellant's complaints. There was nothing that prevented the State from filing a motion to amend the information, even while the case was on appeal." Indeed, had appellant brought his appellate level complaints about the purported defects in the tolling provision to the attention of the State by means of a motion to dismiss or quash the information filed in the trial court, this appeal could (and presumably would) have been avoided. 28 . See Burton v. State, 805 S.W.2d 564, 571 (Tex.App.-Dallas 1991, pet. ref'd) (<HOLDING>). 29 . See Studer v. State, 799 S.W.2d 263,
Holding statements: (A) holding that failure to allege facts tolling the statute of limitations did not make indictment fundamentally defective or deprive trial court of jurisdiction defendants failure to object to this defect before trial waived error on appeal (B) holding that failure to object to magistrate judges recommendation waived issue on appeal (C) holding that appellant failed to preserve error in court reporters failure to make record of trial by failing to object (D) holding that a failure to object to the error in the indictment at trial waives a right to challenge the indictment at a latter stage in the proceedings (E) holding that failure to object to trial court about violations of federal and state due process waived appellate review of those claims
answer:
(A)