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. 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.
PROBLEM: clause could be vitiated based on evidence of fraud "relating to the merger clause or fraud that invalidates the entire contract including the merger clause." 228 Mich.App. 486, 498, 579 N.W.2d 411, 417 (1998). The plaintiffs have not alleged fraud in the merger clause itself. Instead, the plaintiffs allege that the defendants fraudulently induced them to buy investment properties in Detroit. The plaintiffs' allegations of fraud in the inducement do not save their breach of contract claim because the remedy for fraud in the inducement is to void the contract, not reform it. See UAW-GM, 228 Mich.App. at 508, 579 N.W.2d at 418 ("Fraud ... makes a contract voidable at the instance of the innocent party.") (quoting 3 Corbin, Contracts, 580, p. 431); Star Ins. Co., 392 F.Supp.2d at 929 (<HOLDING>). The plaintiffs' argument conflates their tort
Holding statements: (A) holding that a contract made in violation of section 432070 is void rather than voidable (B) holding that irss failure to comply with seizure and sale provisions of section 6335 renders tax sales voidable at taxpayers option rather than void as matter of law (C) holding that the filed rate doctrine precludes insureds fraudulent inducement claim (D) holding that making of agreement to arbitrate was not called into question by general allegation that entire contract was void because of fraudulent inducement (E) holding that fraudulent inducement renders a contract void or voidable

SOLUTION: holding that a contract made in violation of section 432070 is void rather than voidable

PROBLEM: of the original note because the endorsement on the note in evidence did not match the endorsements on the copy of the note attached to the complaint. As argued by OneWest, the Cummings presented no testimony or evidence to contradict Mr. Den-son's testimony that the note in evidence was the original note acquired by OneWest in May 2010. Likewise, the Cummings' argument regarding the validity of the assignment of mortgage from MERS to In-dyMac is not relevant to OneWest's standing to foreclose. Because the evidence showed that OneWest possessed the original note endorsed in blank at the time it filed the complaint, its standing is established from its status as the note holder regardless of any recorded assignments. See Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (<HOLDING>) (quoting Mazine v. M & I Bank, 67 So.3d 1129,
Holding statements: (A) holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty (B) holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option (C) holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder (D) holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose (E) holding that the note and the mortgage must coexist to give the mortgage validity

SOLUTION: holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty

PROBLEM: by the Eleventh Amendment But He Has Not Established Qualified Immunity or Immunity Under Noerr-Pen-nington in His Individual Capacity. 1. Hoffman concedes that Markwell cannot be sued for civil damages in his official capacity. Hoffman concedes that the Eleventh Amendment immunizes Markwell from Hoffman's claim of damages against Markwell in his official capacity as State's Attorney. See Pl. Resp. to Def. Mot. to Dismiss (d/e 18) at 11-12. However, because Hoffman is also seeking an injunction against Markwell as to his involvement in advising the Board to exclude Hoffman from participation in Board activities, Markwell remains in this lawsuit in his official capacity for the purposes of the claimed injunctive relief. See Ameritech Corp. v. McCann, 297 F.3d 582, 586 (7th Cir.2002) (<HOLDING>) (internal quotations omitted). 2. Markwell is
Holding statements: (A) holding that punitive damages are not recoverable against a state official sued in his or her official capacity (B) holding that a party can sue a state officer in his or her official capacity to enjoin prospective action that would violate federal law (C) holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983 (D) holding that the acts of a corporate officer done in his or her official capacity are acts of the corporation (E) holding that a prisoner can under rluipa pursue nominal damages against a state officer in her official capacity

SOLUTION:
holding that punitive damages are not recoverable against a state official sued in his or her official capacity