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: citizens of Alabama for purposes of the diversity jurisdiction analysis. This narrow and specialized statute provides in pertinent part: In any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen. Andalusia and Hughes, who are insureds but not parties defendant, contend that a realignment of Lane will make the case into a direct action by Lane against the insurers, and because it is one in which the insureds are not joined as parties defendant, diversity would be destroyed by 1332(a)(1). This contentio d.2d 73 (1974). But where the s 13 F.Supp. 367, 371 (D.Conn.1970) (<HOLDING>), rev'd on other grounds, 456 F.2d 282 (2d
Holding statements: (A) holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso (B) holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict (C) holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso (D) holding that insured may recover attorneys fees from insurer where insurer acts in bad faith (E) holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second

A: holding action by insured against his own insurer under uninsured motorist provisions of policy not a direct action within section 1332c proviso
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Q: unpublished decisions, "[njoticeably absent from the list of factors Pruitt instructs district courts to consider are the merits and substance of the pro se plaintiffs claim." Rivera v. Kettle Moraine Correctional Inst., No. 14-C-6, 2014 WL 2875897, at *4 (E.D. Wis. June 24, 2014); Kennedy v. Huibregtse, No. 13-C-4, 2014 WL 4924662, at *15 (E.D. Wis. Sept. 30, 2014). On appeal from an adverse judgment in a case where the district court abused its discretion in denying a motion to recruit; the Court of Appeals will consider whether "there is a reasonable likelihood that the presence of counsel would have made a difference in the outcome of the litigation" in assessing whether the district court's abuse of its discretion was prejudicial. Pruitt, 503 F.3d at 659 (italics original r. 2002) (<HOLDING>); Mars v. Hanberry, 752 F.2d 254, 256 (6th Cir.
Holding statements: (A) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation (B) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (C) holding that prisoner must allege acts or omissions evidencing deliberate indifference to serious medical needs (D) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (E) holding that plaintiffs claim must have arguable merit meaning that plaintiffs allegations clearly state a nonfrivolous prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an extremely slim chance of success on the merits

A: holding that deliberate indifference to a serious medical need establishes an eighth amendment violation
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Q: Corrupt Organizations Act ("RICO") because Erickson failed to allege specific facts showing a pattern of racketeering activity. See Sanford v. Member-Works, Inc., 625 F.3d 550, 557-58 (9th Cir.2010) (discussing elements of a.RICO claim and particularity requirements of Fed.R.Civ.P. 9(b)). The district court properly dismissed Erickson's claims under the Real Estate Settlement and Procedures Act ("RES-PA") and the Truth in Lending Act ("TILA") as time-barred because Erickson filed his action more than three years after the alleged violations. See 12 U.S.C. 2614 (prescribing at most a three-year statute of limitations for violations of RES-PA); 15 U.S.C. 1640(e) (an action for damages under TILA must be brought within one year of the alleged violation); see also King, 784 F.2d at 915 (<HOLDING>). However, after the district court dismissed
Holding statements: (A) holding fiveyear limitation period in 28 usc 2462 runs from date of predicate violation not from date of administrative assessment of sanction (B) holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond (C) holding that oneyear period runs from the discovery of the transfer (D) holding that the limitations period in section 1640e runs from the date of consummation of the transaction (E) holding under section 1144s predecessor statute that the 180day period runs from the date of the confirmation order even if the fraud is not discovered in the 180day period

A:
holding fiveyear limitation period in 28 usc 2462 runs from date of predicate violation not from date of administrative assessment of sanction
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