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: Inc., No. 08 Civ. 5653(PAC), 2011 WL 3874821 (S.D.N.Y. Aug. 16, 2011) ("NJ v. DLJ"); NJ Carpenters, 272 F.R.D. 160 (finding Rule 23(a) requirements were met, but not Rule 23(b)(3) requirements). 59 . DI 294, at 30-33. 60 . Pub. Emps.' Ret. Sys. v. Merrill Lynch & Co. Inc., 714 F.Supp.2d 475, 484 (S.D.N.Y.2010) (stating Section 12(a)(2) standing is limited to "persons who have directly purchased the securities from underwriting defendants in the subject public offering(s), and not in the secondary market"); In re Sterling Foster & Co., Inc., Sec. Litig., 222 F.Supp.2d 216, 244 (E.D.N.Y.2002) ("[P]urchasers in private or secondary market offerings are precluded from bringing actions under Section 12(a)(2)."). 61 . DI 294, at 30; DI 300, at 17. 62 . See IndyMac I, 718 F.Supp.2d at 513 (<HOLDING>). 63 . This of course means that it does not
Holding statements: (A) holding that a party waived the claims she failed to pursue in her merit brief (B) holding that because 544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under 544a1 or 2 if the claims could have been asserted by the debtor corporation (C) holding pinter analysis to apply to claims arising under 12a2 (D) holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors (E) holding wyoming only had standing to pursue section 12a2 claims as to indx 2006ar11

SOLUTION: (E)

PROBLEM: 918 F.2d 154, 159 (11th Cir.1990). A district court should grant a preliminary injunction only if the movant clearly shows: 1. a substantial likelihood that the mov-ant will prevail on the merits; 2. that the movant will suffer irreparable injury if an injunction is, not issued; 3. that the potential injury to the mov-ant outweighs the possible harm to the nonmovant; and 4. that the injunction would not be adverse to the public interest. Id. This Court will address each element in turn. 1. SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS To begin, the instant ease is controlled by this Court's decision in Luckie v. Smith Barney, 766 F.Supp. 1116 (M.D.Fla.1991). In Luckie, the plaintiffs filed a complaint with AAA pursuant to the AMEX Window. Id. The defendants argued th 2nd Cir.1990) (<HOLDING>). Also, in Merrill Lynch v. Noonan, [Current]
Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (C) holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision (D) holding that an arbitration agreement is separable from the underlying agreement (E) holding that a specific customer agreement can supersede the amex constitution and requiring arbitration before one of the fora named in the agreement

SOLUTION: (E)

PROBLEM: such as the instant case, federal courts must apply the substantive law of the forum state. Id. at 1515 (citing Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) and Keller v. Miami Herald Publ'g Co., 778 F.2d 711 (11th Cir.1985)). This principle extends to the forum state's choice of law rules. LaFarge, 118 F.3d at 1515 (citations omitted). We are thus bound to apply Florida's choice of law rules in determining which state's law governs this case. The district court held that Florida's choice of law rules mandate the application of Florida law to a dispute over a contract to insure real property located within the state. The Sadikis concede, as they must, that the district court's holding is entirely consistent with two prior opinions of this court. Id. at 1516 (<HOLDING>); Shapiro v. Associated Int'l Ins. Co., 899
Holding statements: (A) holding that by selling approximately eighteen percent of its product to florida importers moving nearly all of its product through the state purchasing equipment and supplies from florida suppliers utilizing storage facilities in florida and establishing essential business relationships in this state all within its ongoing commercial relationship with florida defendant engaged in substantial and not isolated activity within the state (B) holding that where florida state court had not addressed choiceoflaw issues with regard to directors liability federal court could presume that florida court would follow the restatement second of conflict of laws based on the florida courts past reliance on the treatise (C) holding that florida courts would apply florida law to contracts insuring real property located within the state (D) holding that when an accident occurs outside florida workers compensation benefits are payable only if the contract of employment was made in florida or if the employees employment is principally located in florida (E) holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree

SOLUTION:
(C)