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.
--------
Question: of the [Marion County] small claims court shall be taken to the superior court of the county and tried de novo." Retaining the identical language, the Legislature re-codified the statute in 2004 as Indiana Code section 33-34-3-15(a). 2 . Atlantic Coast sought interlocutory review of the trial court's order, which the Court of Appeals accepted. The Court of Appeals addressed this claim in the instant appeal. 3 . Atlantic Coast does not challenge the Court of Appeals' determination regarding the discovery order, and the Cooks do not challenge the determination that they waived appellate review of the trial court's grant of summary judgment in favor of Delta Airlines on the Cooks' negligence claim. 4 . Compare, for example, Abdullah v. Am. Airlines, Inc., 181 F.3d 363 (3rd Cir.1999) (<HOLDING>), and O'Carroll v. Am. Airlines, Inc., 863 F.2d 
 Holding statements: (A) holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation (B) holding that general maritime law preempts state law (C) holding that the flsa preempts certain state law claims (D) holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans (E) holding that federal law establishes the applicable standards of care in the field of aviation safety generally and thus preempts the entire field from state regulation

Answer: holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation


Question: and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

Answer: recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure


Question: decisions or actions of any state administrative agency or officer, and ... the validity of any rule promulgated by such agency or officer.” R. 2:2-3(a)(2); see also Prado v. State, 186 N.J. 413, 422-23, 895 A.2d 1154 (2006). Our “jurisdiction extends not only to State agency action but also agency inaction.” Pressler and Verniero, Current N.J. Court Rules, comment 3.1 on R. 2:2-3(a)(2) (2011) (emphasis added); see also N.J. Civil Serv. Ass’n v. State, 88 N.J. 605, 612, 443 A.2d 1070 (1982). The traditional meaning of an administrative agency is “[a] governmental body with the authority to implement and administer particular legislation.” Black’s Law Dictionary 63 09); Hartz Mountain Indus., Inc. v. N.J. Sports & Exposition Auth, 369 N.J.Super. 175, 187-88, 848 A.2d 793 (App.Div.) (<HOLDING>), certif. denied, 182 N.J. 147, 862 A.2d 56 
 Holding statements: (A) holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division (B) holding that the new jersey statute of limitations applicable to  1983 actions is njsa 2a142 (C) holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending (D) holding that decisions of the new jersey meadowlands commission established in but not of the department of community affairs njsa 13175a are appealable to the appellate division as of right (E) holding that the new jersey sports and exposition authority constituted as a body corporate and politic within the department of community affairs njsa 5104a is a state agency whose decisions are initially reviewable in the appellate division

Answer:
holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division


