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: on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors' assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders
Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion

A: holding that unsworn statements may not be considered on a motion for summary judgment
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Q: by the parties. These considerations are consistent with the principle [sic] legislative purpose behind enactment of the Uniform Arbitration Act: to provide and encourage an expedited, efficient, relatively uncomplicated, alternative means of dispute resolution, with limited judicial intervention or participation, and without the primary expense of litigation attorneys' fees. Id. at 153-54, 423 S.E.2d at 750. The court concluded that "in arbitration proceedings, both the arbitrator or arbitration panel and the superior courts upon confirmation are limited to applying only [our AR.S. 12-1510] in determining whether attorneys' fees should be or were properly awarded." Id. at 155, 423 S.E. at 751; see also Floors, Inc. v. B.G. Danis, Inc., 380 Mass. 91, 97, 401 N.E.2d 839, 843 (1980) (<HOLDING>). In our view, to permit a trial court to award
Holding statements: (A) holding merely that the evidence was sufficient to support the award of attorneys fees (B) holding that attorneys fee statute does not overpower the policy expressed in our ars 121510 against the award of attorneys fees in arbitration proceedings (C) holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency (D) holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees (E) holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees

A: holding merely that the evidence was sufficient to support the award of attorneys fees
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Q: and it deposition testimony given by Charlie Thomas in two prior lawsuits, Marshak v. Arista Records, Civ. Index No. 96-3032(JBW)(S.D.N.Y.), and Marshak v. Green, Civ. Index No. 79-3458(EW)(S.D.N.Y.). Portions of these depositions were read into the record during Marshak's cross-examination in this case. See Trans, at 347-51, 388-94. In the Arista deposition, Thomas testified that he had joined The Drifters during the late 1950s at the request of George Treadwell. See id. at 347. Thomas also testified that Treadwell was the manager of the group and that Treadwell made all final decisions relating to performances, costumes, appearance bookings, musical content, travel arrangements, and personnel changes. See id. at 347-51, 389; see also Rick v. Buchansky, 609 F.Supp. 1522 (S.D.N.Y.1985)(<HOLDING>). Thomas further stated that he considered
Holding statements: (A) holding that consistent with our rejection of the group pleading doctrine we do not construe allegations contained in the complaint against the defendants as a group as properly imputable to any particular individual defendant unless the connection between the individual defendant and the allegedly fraudulent statement is specifically pleaded (B) holding that a plaintiff in a reverse discrimination case need show only that he is a member of a protected group and whites are a protected group under title vii (C) holding that in the absence of written contracts the manager of a singing group may own the rights to the name if he or she remains continuously involved with the group and is in a position to control the quality of its services (D) holding that once the defendant has submitted to the control of the officer and the process of taking him or her to the police station has commenced his or her arrest is complete and he or she is in custody for the purposes of the escape statute (E) holding that plaintiffs statistics did not shed any light on the legally relevant issue because they did not indicate the group of applicants who were interviewed or even the group of applicants found qualified or the group of all applicants

A:
holding that consistent with our rejection of the group pleading doctrine we do not construe allegations contained in the complaint against the defendants as a group as properly imputable to any particular individual defendant unless the connection between the individual defendant and the allegedly fraudulent statement is specifically pleaded
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