Task: Wrong Candidate Generation
Input (English): to and including a present violation, so that it is the cumulative effect of the discriminatory practice, rather than any discrete occurrence, that gives rise to the cause of action. Cooper-Day v. RME Petroleum Co., 121 S.W.3d 78, 87 (Tex. App.-Fort Worth 2003, pet. denied); see also Huckabay v. Moore, 142 F.3d 233, 239 (5th Cir.1998). In Davis, the Austin Court of Appeals held that in some instances “equitable considerations may require that the filing period not begin until acts supportive of a civil rights action are, or should be, apparent to a reasonably prudent person in the same or a similar position.” Id. The “focus is on what event should, in fairness and logic, have alerted the average layperson to act to protect his or her rights.” Id.; see also Huckabay, 142 F.3d at 239 (<HOLDING>). Appellees respond that all of Davis’s 
 Holding statements: (A) holding that in determining whether a discovery violation warrants the sanction of exclusion of evidence a court must look to whether the violation was substantial the timing of the violation the reason for the violation the degree of prejudice to the parties whether such prejudice may be cured by a postponement and the desirability of a continuance (B) holding the touchstone of determining existence of erisa plan is whether an administrative scheme is required (C) holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights  ie whether it was involuntary  or whether the confession was voluntary but obtained in technical violation of miranda  (D) holding that touchstone in determining whether one act is part of continuing violation is whether employee was put on notice that his rights had been violated (E) holding that in determining whether a state officer is entitled to qualified immunity for  1983 purposes courts may not consider whether the constitutional right was clearly established before determining first that a constitutional right was violated
Output (English): holding the touchstone of determining existence of erisa plan is whether an administrative scheme is required