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: to survive. See Plaintiffs' Brief, 9-10 citing Phillips, 515 F.3d at 233 (explaining that Rule 8(a)(2) general notice pleadings standard remains intact after Twombly) Because this question goes to the very heart of the matter, it must be addressed first. To recapitulate, this Court's April 2007 Opinion weighed the sufficiency of the "enterprise" allegations in accordance with the Third Circuit's ruling in Seville Indus. Mach. Corp. v. Southmost Mach. Corp., 742 F.2d 786 (3d Cir.1984). See 365 B.R. at 548. Seville stated that nothing more than general notice pleading was required for pleading a RICO enterprise. Seville relied, implicitly, on the long-standing rule regarding notice pleading first enunciated in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101, 2 L.Ed.2d 80 (1957) (<HOLDING>) But two months after this Court's April 2007
Holding statements: (A) holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief (B) holding that a pro se complaint should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief (C) holding that dismissal is proper only if it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief (D) holding that a complaint will not be dismissed unless it appear beyond doubt that the plaintiff can prove no set of facts in support of his claim (E) recognizing the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

SOLUTION: holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

PROBLEM: commercial, including ... [any maritime contract evidencing a transaction involving commerce], falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States. 9 U.S.C. 201 and 202; see also 9 U.S.C. 2. A seaman's contract that contains an agreement to arbitrate generally falls under the convention. Bautista, 396 F.3d at 1299 (<HOLDING>) (citing Francisco v. STOLT ACHIEVEMENT MT, 293
Holding statements: (A) holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous (B) holding implied covenant of good faith and fair dealing found in some commercial contracts does not extend to atwill employment contracts (C) holding that contracts for an indefinite period are excluded from the statutes coverage (D) holding that at will contracts of employment are subject to tortious interference with contracts claims (E) holding that the convention and us implementing statutes do not recognize an exception for seaman employment contracts and concluding that such contracts are commercial for purposes of same

SOLUTION: holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous

PROBLEM: a "particularized need and likely relevance" as justification for the conduct of discovery beyond the local units which made the decision to terminate. Id. at 1085. See also, Brown v. American Honda Motor Company, Inc., 939 F.2d 946, 954 (11th Cir.1991) ("Unless it is clear that nationwide practices are relevant, discovery should be confined to the local units of a corporation.") The Sixth Circuit has recently applied Earley's approach to corporate-wide discovery in a Title VII case: It is well-settled that information concerning an employer's general employment practices is relevant even to a Title VII individual disparate treatment claim. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); EEOC v. Roadway Express Inc., 750 F.2d 40 (6th Cir.1984) (<HOLDING>) A plaintiff who must shoulder the burden of
Holding statements: (A) holding that general employment practices are relevant to eeoc investigation of individual disparate treatment claim (B) holding that plaintiff states a cause of action under 1981 by alleging that defendant harassed and retaliated against him for filing eeoc claim and otherwise attempting to receive redress for disparate treatment (C) holding that statistical evidence that was too broad to support a prima facie case of systemic disparate treatment was nevertheless admissible in plaintiffs individual disparate treatment case but noting that a valid statistical analysis must encompass the rel evant labor market (D) holding that a patternorpractice claim is not available to individual plaintiffs although patternorpractice evidence may be relevant to proving an otherwiseviable individual claim for disparate treatment under the mcdonnell douglas framework (E) holding that disparate impact analysis may be applied to subjective employment practices in employment discrimination actions

SOLUTION:
holding that plaintiff states a cause of action under 1981 by alleging that defendant harassed and retaliated against him for filing eeoc claim and otherwise attempting to receive redress for disparate treatment