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.

Q: required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega's fifth point is overruled. Notice of Hearing Mocega's final two points assert the trial court was required to grant her the grace period provided under art. 4590i, 13.01(g). A motion under that section is timely if filed before "any hearing" on a defendant's motion to dismiss. Urquhart's motion was "heard" by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega's motion was not filed until April
Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing

A: holding term successor does not contemplate acquisition by ordinary purchase from another corporation
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Q: phrase "periodical ly review and monitor the agent" is untested. Thus, the unanswered question before us is how much reviewing and monitoring is required by a trustee to satisfy the mandates of R.C. 1339.59(A)(3)? The plain meaning of the operative words are (1) review "to go over or examine critically or deliberately" and (2) monitor "to watch, keep track of, or check usually for a special purpose." Merriam-Webster's Collegiate Dictionary (11th Ed.2003) 1067, 801. However, secondary legal authority on this point is scarce and wide ranging: If in the exercise of reasonable diligence, the trustee discovers conditions adversely affecting the security of the investment, it is bound to er (1987), 152 Ariz. 527, 528, 733 P.2d 1110, citing Restatement of the Law 2d, Trusts (1959) 227 (<HOLDING>); Estate of Miller (1964), 230 Cal.App.2d 888,
Holding statements: (A) holding that a trustee who lacks investment experience must seek expert advice regarding investing trust assets while exercising his own judgment (B) holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa (C) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (D) holding that although a trustee is not required to watch the ticker as a speculator would the question of the quality of judgment in holding or disposing of trust assets coupled with evidence of failure to review or monitor the trust estate and refusal to meet with cotrustees presents a jury question on whether or not the trustee breached his duty (E) holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds

A: holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa
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Q: to summary judgment with respect to the plaintiffs claim for excessive force. B. Failure to Train and Supervise In her amended complaint, the plaintiff seeks to hold the Sheriffs Office, Sheriff Johnson, and PHS liable on the theory that they failed to adequately train and supervise the deputies and the medical personnel. However, because the plaintiffs claim against these defendants is predicated on their supervisory roles, the plaintiffs claim against them must also be dismissed. It is well established that there can be no liability under 1983 on the part of a supervisory official or governmental employer in the absence of a constitutional violation on the part of the employees being supervised. Huggins v. Weider, 105 Fed.Appx. 503 (4th Cir.2004); see also Young, 238 F.3d at 579 (<HOLDING>). III. Plaintiff's Claims Under State Law In
Holding statements: (A) holding that a section 1983 failuretotrain claim cannot be maintained against a governmental employer in a case where there is no underlying constitutional violation by the employee (B) holding that where no underlying constitutional violation occurred the city cannot be liable under monell (C) holding that recovery against an individual employee is barred and may be sought against the governmental unit only when suit is filed against both the governmental unit and its employee id 101106e (D) holding that a claim for municipal liability under 1983 requires inter alia proof of an underlying constitutional violation (E) holding that a city may not be held liable under 1983 where there was no underlying constitutional violation by any of its officers

A:
holding that where no underlying constitutional violation occurred the city cannot be liable under monell
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