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.

Q: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant’s challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that “pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right”); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, “where a proposed amendment 
 Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints

A: (A)
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Q: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the “passive wrongdoer” (AGF) is too large in contrast to the amount assessed against the “active wrongdoer” (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court’s recent deci sion, 
 Holding statements: (A) recognizing that restatement second of torts  323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts  909 1977 (C) recognizing that restatement second of torts   416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts  652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts  652e adopted in 1977

A: (B)
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Q: Cir.1994), a case involving the violent ‘war’ between factions of the Colombo Family criminal enterprise, the Second Circuit rejected the appellan (2d Cir.1991) (rejecting a sufficiency challenge that argued “violent in-fighting somehow proves that the [enterprise] was never a cohesive, ongoing association” because “evidence clearly established that, regardless of internal disputes and membership changes, the [group’s] power structure endured and its members functioned as a unit” during the relevant period); United States v. Marino, 277 F.3d 11, 26 (1st Cir.2002) (noting, in the course of a discussion on evidence admissibility, that two factions existed within the same overall enterprise despite a conflict between them); United States v. Pungitore, 910 F.2d 1084, 1100-01 (3d Cir.1990) (<HOLDING>). Moreover, in another Mexican Mafia case, we 
 Holding statements: (A) holding an organization had standing because some of its individual members did (B) holding thatthe evidence also shows that the appellants killed in response to a members showing of disloyalty to the organization  and to eliminate a faction of the enterprises membership which threatened one defendants leadership (C) holding that evidence that defense witnesses were members of the same organization of tax protesters as defendant was properly admitted to show bias (D) holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact (E) holding that an organization whose members are injured may represent those members even where the organization itself cannot show injury

A:
(B)
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