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: limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace's remaining contentions lack merit.
Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction

SOLUTION: (D)

PROBLEM: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, "although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority." Id. The Court agrees with the Second Circuit's analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any
Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

SOLUTION: (E)

PROBLEM: 4331. The Rule 12(b)(6) defendants respond that: (1) the ATA does not provide for secondary liability as the statute is silent on that issue, see Al Rajhi Bank Br. 41 (citing Cent. Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164, 182, 184, 114 S.Ct. 1439, 128 L.Ed.2d 119 (1994) (noting that "there is no general presumption that [a] plaintiff may ... sue aiders and abettors" and that statutory silence regarding aiding and abetting liability "indicates a deliberate congressional choice with which the courts should not interfere")); and (2) plaintiffs do not allege the actions of the Rule 12(b)(6) defendants proximately caused their injuries, see id. at 29 (citing Holmes v. Sec. Investor Prot. Corp., 503 U.S. 258, 267, 112 S.Ct. 1311, 117 L.E , 114 S.Ct. 1439 (<HOLDING>). Second, we held in Rothstein that Congress
Holding statements: (A) holding that the lower courts erred in finding that the question of the extraterritorial reach of 10b of the securities and exchange act of 1934 was jurisdictional even though nothing in the analysis of the courts below turned on this mistake (B) holding that a private plaintiff is not entitled to maintain an aiding and abetting action under 10b or rule 10b 5 (C) holding of wilko equally applicable to cases arising under the securities exchange act of 1934 (D) holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement (E) holding that an implicit congressional intent to impose aiding and abetting liability could not plausibly be inferred from the statutory silence in 10b of the securities exchange act of 1934

SOLUTION:
(E)