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.

Example Input: consistent with the respective rights of the parties." Sign and Pictorial Union Local 1175 v. NLRB, 419 F.2d 726, 731 (D.C.Cir.1969). Section 8(d) provides, however, that the obligation to bargain in good faith "does not compel either party to agree to a proposal or require the making of a concession." 29 U.S.C. 158(d). Thus, the Act does not require any party "to yield any position fairly maintained; 'firmness of a bargaining position does not constitute bad faith.' " 419 F.2d at 731 (internal citation omitted). The Union argues that the Board's finding of an impasse should nevertheless be reversed for four reasons. First, the Union alleges the Board did not conduct the sort of intensive factual inquiry it was obliged to make. See Taft Broadcasting Co., 163 N.L.R.B. 475, 478 (1967) (<HOLDING>), enforced, American Fed'n of Television &
Holding statements: (A) holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith (B) recognizing that the primary issue to be considered in whether the representative parties will fairly and adequately protect the interest of the class is a determination of whether any antagonism exists between the interests of the plaintiffs and those of the remainder of the class (C) recognizing that the law of the shop includes the understanding of the parties (D) holding that whether impasse exists rests upon factintensive inquiry into the bargaining history the good faith of the negotiating parties the length of negotiations the importance of the issues about which there is disagreement and the contemporaneous understanding of the parties as to the state of negotiations (E) holding that where the parties contemplate the formal execution of a final agreement there is a strong inference that the parties do not intend to be bound by earlier negotiations or agreements until the final terms are settled
Example Output: holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith

Example Input: because of [the dealer's] precarious financial condition .... ... [W]e decline to hold BMW/NA negligent and liable for damages since it could not reasonably have anticipated the crimes committed by [the dealer's] principal, Eichler. Although BMW/NA may have been aware of [the dealer's] shaky financial condition, that knowledge alone gave BMW/NA no cause reasonably to anticipate that Eichler would either engage in any criminal activity or that he would abscond with customer funds. In fact, no amount of supervision by BMW/NA would have enabled it to foresee Eichler's thievery. Id. In other cases involving the franchisors of automobile dealerships, the courts have reached similar results. See Colson v. Maghami, No. CV 08-2150-PHX-MHM, 2010 WL 2744682, at *9-10 (D.Ariz. July 9, 2010) (<HOLDING>); DaimlerChrysler Motors Co., LLC v. Clemente,
Holding statements: (A) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (B) holding that a franchisor had no duty to supervise its automobile dealership or to warn a customer of the dealership who paid a substantial deposit for a limited edition lamborghini reventon and who did not receive either the car or the return of his deposit (C) holding that an automobile dealership had no duty to prevent the misconduct of the executives of another company who misappropriated company funds to make the purchase of several automobiles from the dealership (D) holding that where no evidence was designated to show that a car buyer knew that a sale violated the rights of the dealership that owned the car the buyers were buyers in the ordinary course of business for purposes of indcode 26112019 (E) holding that a car dealership could be held vicariously liable for the intentional tort of its employee who shot out the tires of the plaintiffs truck during a repossession attempt
Example Output: holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer

Example Input: failed to allege any "specific pattern or series of incidents that support the general allegation" that Plaintiff's injuries were precipitated through a municipal policy or custom. Hossman v. Blunk, 784 F.2d 793, 797 (7th Cir.1986); see also Monell v. New York City Dept. of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978); City of Oklahoma City v. Tuttle, 471 U.S. 808, 817, 105 S.Ct. 2427, 2432-33, 85 L.Ed.2d 791 (1985). Moreover, the complaint's conclusory allegations likewise failed to substantiate any claim that Gerald's death was caused by a failure to adequately train the police officers involved. See Strauss v. City of Chicago, 760 F.2d 765, 768 (7th Cir.1985); see also City of Canton v. Harris, 489 U.S. 378, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989) (<HOLDING>). As to these four Defendants, then, no federal
Holding statements: (A) holding no deliberate indifference when a failure to take reasonable measures was due to defendants mistake (B) holding that a failure to adequately train will only result in 1983 liability where that failure amounts to a deliberate indifference to the rights of persons with whom the police come into contact (C) holding that deliberate indifference is the level of culpability pretrial detainees must establish to maintain a failure to protect claim under the fourteenth amendment (D) holding city may be liable for the failure to train officers regarding appropriate assistance and treatment of intoxicated persons (E) holding that a complaint alleging a single incident of police officer misconduct together with an assertion that the districts failure to train its officers showed deliberate indifference was sufficient to state a claim under monell
Example Output:
holding no deliberate indifference when a failure to take reasonable measures was due to defendants mistake