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.
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Question: hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision” in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party’s failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial” and reasoned that "Unitherm is inapposite” to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal.” 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ’g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441, 
 Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that  825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla  2615a1  and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions  violates  the act is  a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla

Answer: holding that employers oral denial of plaintiffs request for fmla leave showed interference


Question: read to give these words effect in light of the law in certain states, under the plain meaning rule, Green Tree’s position must fail. Herrin, 2007 WL 1975573, at *3. The debtor’s position is also supported by the leading commentators on the Bankruptcy Code. Collier on Bankruptcy states, “[o]nly if a mobile home or cooperative is real property under applicable non-bankruptcy law would the limitations on modification apply, even though the mobile home or cooperative is considered the debtor’s principal residence.” 8 Collier on Bankruptcy ¶ 1322.06[1][a][ii] (Lawrence P. King et al. eds., 15th ed. Revised 2005). Moreover, ignoring the term “real property” within § 1322(b)(2) is contrary to the rules of statutory interpretation. See Discover Bank v. Vaden, 396 F.3d 366, 369 (4th Cir.2005) (<HOLDING>) This Court does not believe that the result in 
 Holding statements: (A) recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous (B) holding courts must give effect to every provision and word in a statute and avoid any interpretation that may render statutory terms meaningless or superfluous (C) holding that effect must be given if possible to every clause and word of a statute (D) holding that courts must give effect to every word when interpreting a statute (E) holding principle of statutory construction is to give effect to every clause and word of a statute

Answer: recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous


Question: without authority to grant JNOV judgments). Accordingly, we hold that the trial court’s grant of a JNOV in this case was improper. Nevertheless, trial courts do maintain the authority to order new trials for eviden-tiary insufficiency in criminal cases; a power which is the functional equivalent of granting a JNOV in a civil case. Therefore, when a jury returns a guilty verdict and the trial court grants the defendant’s motion for new trial based upon insufficiency of the evidence under Texas Rule of Appellate Procedure 30(b)(9), double jeopardy prevents the trial court from entering any other judgment than an acquittal. Tex.R.App. P. 30(b)(9); Moore v. State, 749 S.W.2d 54, 58 (Tex.Cr.App.1988); see also Burks v. United States, 437 U.S. 1, 11, 98 S.Ct. 2141, 2147, 57 L.Ed.2d 1 (1978) (<HOLDING>). Therefore, a trial court’s JNOV ruling after 
 Holding statements: (A) holding that the jeopardy clause bars retrial when the prosecution failed to supply sufficient evidence to merit conviction (B) holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met (C) holding that where the evidence offered by the state and admitted by the trial court  whether erroneously or not  would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial (D) holding that the double jeopardy clause bars retrial when the commonwealth intentionally undertakes to prejudice the defendant to the point of the denial of a fair trial (E) holding that retrial did not violate the double jeopardy clause where reversal based on trial error distinguishing reversal for insufficient evidence

Answer:
holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met