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.

Input: Consider Input: prejudice. Common v. W. Suburban Hosp. Med. Ctr., 301 Ill.App.3d 939, 235 Ill.Dec. 158, 704 N.E.2d 731, 738-39 (1998) (emphasis added) (citations omitted) (internal quotation marks omitted). We quoted Common and echoed its sentiment in Sherrod v. Lingle, 223 F.3d 605, 614 (7th Cir.2000), where we held that a district court's failure to permit a plaintiff to amend his complaint in order to comply with section 2-622 was an abuse of discretion. Second, although the district court believed that plaintiffs' counsel should have known to submit an affidavit and report in accordance with section 2-622, it made no specific finding that the failure to do so was in bad faith or an attempt to delay litigation. See Cookson v. Price, 393 Ill.App.3d 549, 333 Ill.Dec. 22, 914 N.E.2d 229, 232 (2009) (<HOLDING>). Further, it did not explain whether or in
Holding statements: (A) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a (B) holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension (C) holding that it was error for the trial court to refuse to permit plaintiff to amend his complaint to include a new affidavit and report complying with section 2622 where there was no indication that the plaintiffs failure to file the report earlier in the litigation was in bad faith (D) holding that the trial courts failure to dismiss the action to quiet title was error because the plaintiff was not in possession of the land in question but the error was not fatal to the claim because the superior court could sua sponte amend the pleadings to include an action in ejectment (E) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel

Output: holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a

Input: Consider Input: California state prisoner, Roy Lee Brown, Jr., appeals pro se the dismissal of his 28 U.S.C. 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. 2253. We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we vacate and remand. Brown contends that his 2254 petition was timely filed because his state habeas petitions statutorilly tolled the Antiterrorism and Effective Death Penalty Act's (AEDPA) one-year statute of limitations. We agree. Brown is entitled to tolling during the time he was seeking one full round of collateral review by the California courts. See 28 U.S.C. 2244(d); Delhomme v. Ramirez, No. 00-56148, 2003 WL 21947183, at *3 (9th Cir. Aug. 15, 2003) (per curiam) (<HOLDING>); Carey v. Saffold, 536 U.S. 214, 220, 122
Holding statements: (A) holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed (B) holding that it would be inappropriate to predict whether state law would foreclose state postconviction review of the petitioners habeas claim where the state permitted second or successive state petitions when the procedural bar would result in fundamental injustice (C) recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds (D) holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioners first round of review (E) holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review

Output: holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed

Input: Consider Input: not provide to the employees in The Gas Service Company. B. We turn now to the other issues raised by the parties. As previously discussed, Gaylord's sole argument in its cross-petition is that, following the transfer to Tuscaloosa, it no longer had the duty to bargain with the USW. It does not contest the factual bases underlying the other unfair labor practices related to bargaining. Specifically, it does not dispute that, on August 31, September 23, and October 19, 2010, Flippo requested that Gaylord provide the USW information related to the terms and conditions of its Tuscaloosa employees. It also does not dispute that failure to provide this information violated the NLRA if it had a duty to bargain with the USW. See NLRB v. U.S. Postal Serv., 888 F.2d 1568, 1570 (11th Cir. 1989) (<HOLDING>). Similarly, Gaylord does not contest that it
Holding statements: (A) holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted (B) holding that an error is harmless if it was inconsequential to the ultimate nondisability determination internal quotation marks omitted (C) holding that the maximum possible sentence provided by law for conviction of the offense charged is the most important consequence of the plea internal quotation marks omitted (D) holding a pro se plaintiff is not an adequate class representative because the competence of a layman is clearly too limited to allow him to risk the rights of others internal quotation marks omitted (E) holding that an employer violates the nlra when it fails to provide information that is needed by the bargaining representative for the proper performance of its duties internal quotation marks omitted
Output: holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted