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. 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.
PROBLEM: (3) the de fendant's culpability in the fraud perpetrated by the controlled person. See Securities & Exchange Com'n v. First Jersey Securities, Inc., 101 F.3d 1450, 1472 (2d Cir.1996). First, as the Court has found, plaintiffs have failed properly to plead a violation of the 1934 Act. Second, as we also have noted, plaintiffs have failed properly to allege scienter and/or culpability on the part of "Merrill Lynch." Even had we found a properly pled violation of the 1934 Act, we would not automatically impute this violation to "Merrill Lynch" as a controlling entity. See Baesa, 969 F.Supp. at 242 ("[T]he law in this circuit is clear that a subsidiary's fraud cannot be automatically imputed to its corporate parent."). See also Chill v. General Elec. Co., 101 F.3d 263, 270 (2d Cir.1996) (<HOLDING>). Novak, 997 F.Supp. at 435. Finally the Court
Holding statements: (A) holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent although something more than mere passive investment by the parent is required the parent must have and exercise control and direction over the affairs of its subsidiary in order for venue to be proper (B) holding that district court has the power to decide what portion of subsidiarys income should be reallocated to its parent (C) holding that a parent company would at the very least have to have been deliberately blind to its subsidiarys fraud in order to have the requisite scienter (D) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (E) holding that a subsidiarys contacts can be imputed for purposes of service of process where a parent uses the subsidiary to do what it otherwise would have done itself

SOLUTION: (C)

PROBLEM: a particularized need. 4. Seriousness of the Litigation and Issues Holmes maintains that the gravity of her allegations namely, that IPRA "concealed] its widespread efforts to cover-up unlawful shootings by police officers," Pl.'s Reply Br. at 3 warrants disclosing the draft summary reports. In other words, Holmes asserts that the privilege is overcome because IPRA's deliberative process, which includes the back-and-forth exchange of draft summary reports between supervisors and investigators, is "part of the code of silence." Id. Where a plaintiff directly challenges a government agency's deliberative process, courts routinely find that there is a particularized need for disclosure. See, e.g., Smentek v. Sheriff of Cook Cnty., 2013 WL 2588709, at *4 (N.D. Ill. June 11, 2013) (<HOLDING>); Ferrell, 177 F.R.D. at 430-31 (finding a
Holding statements: (A) holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county (B) holding that mandatory visual strip search policy in county jail was unconstitutional (C) holding that public employees working for the office of cook county assessor and receiving their compensation from cook county had no vested right in the expectation of the continuance of this compensation (D) holding that plaintiffs had a particularized need for cook county jail prebudget documents after observing that the plaintiffs theory is that the county allegedly approved the dental services budget despite knowing that it might create unconstitutional conditions at the jail accordingly the countys deliberative process is directly at issue in this case (E) holding that employees of county jail that housed federal prisoners pursuant to contract with the federal government were not federal employees even though county jail had to comply with federal rules and regulations

SOLUTION: (D)

PROBLEM: the detectives' tactics were intended, and did in fact implant fear of prosecution for a more serious offense of murder and also induce hope of leniency. Defendant was promised that if he confessed, he may be able to continue his plans to attend community college. Additionally, unlike in Barnes, Defendant was in custody at the time of his interrogation. Barnes, 154 N.C. App. at 117, 572 S.E.2d at 170. Because the interrogation tactics utilized by detectives rendered Defendant's statement involuntary, the trial court appropriately determined that Defendant's statement was inadmissible. Accordingly, we affirm. Affirmed. Judge ELMORE concurs. Judge BRYANT concurs with separate opinion. 1 . The Stale also cites State v. Shelly, 181 N.C. App. 196, 204, 638 S.E.2d 516, 522 (2007) (<HOLDING>); State v. Gainey, 355 N.C. 73, 84, 558 S.E.2d
Holding statements: (A) holding that due process is violated if evidence of prior bad acts goes only to character and there are no permissible inferences the jury may draw from it internal quotation marks omitted (B) holding that bankruptcy is no exception to the due process principle that one is not bound by a judgment in personam in a litigation in which he is not designated as a party to or to which he has not been made a party by service of process internal quotation marks omitted (C) holding that waiver of counsel may be valid absent an inquiry by the court where the surrounding facts and circumstances including the defendants background and conduct demonstrate that he actually understood his right to counsel and the difficulties of pro se representation and knowingly and intelligently waived his right internal quotation marks omitted (D) holding that trial court appropriately found that no promises or offers of reward were made where a defendant was told that if he wanted to help himself that he could help himself by cooperating internal quotation marks omitted (E) holding that no improper promises were made where an interrogating officer told a defendant that i can tell you that a person who cooperates and shows remorse and is honest and has no criminal background when it goes to court has the best chance of getting the most leniency because he cooperated internal quotation marks omitted

SOLUTION:
(E)