instruction:
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.
question:
Def.’s Mot., Ex. E, Gaskins’ Decl. ¶ 5. Although plaintiff said that he “heard the rumor about [the cubicle] being unsafe[,]” he contends that the cubicle was not in disrepair and was removed solely in retaliation for his EEO complaint. Def.’s Mot., Ex. A, Jones Dep. at 113, 115. However, plaintiff did not testify that he was unable to complete his work assignments; rather, he testified that the result of the cubicle being dismantled was that he “had no place to put none of [his] stuff[,]” which included “records and stuff[,]” although he testified that the cubicle was replaced with a desk, albeit a small one. Id. at 114-15. These facts do not support a finding of an adverse action sufficient to establish a prima facie case of retaliation. See, e.g., Brodetski, 141 F.Supp.2d at 45 (<HOLDING>) (citation omitted). III. Conclusion For the 
 Holding statements: (A) holding that the administrative transfer of a teacher which denied him the opportunity to teach his preferred subject could constitute an adverse employment action (B) holding that plaintiff s allegations that defendants denied him his right to choose a new workstation on two occasions do not constitute adverse employment actions even if they made plaintiff feel slighted or wrong (C) recognizing that employment actions can be adverse even if such actions are subsequently withdrawn (D) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (E) recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually
answer:
(B)


question:
erred by failing to instruct the jury that a confidential informant’s testimony must be corroborated, in conformity with article 38.141. We agree. Our holding that there was some “other evidence” to satisfy the statutory corroboration requirement does not eliminate the need for an instruction. See Saunders v. State, 817 S.W.2d 688, 690 (Tex.Crim.App.1991) (noting court “might disagree” with court of appeals’s holding that there was no evidence ten o the trial court’s failure to charge the jury on the requirements of article 38.141 here, but asserts that the trial court’s error resulted in harm under the “egregious harm standard” of Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1985) (applying egregious harm analysis to unobjected-to charge error). See Herron, 86 S.W.3d at 632 (<HOLDING>); Saunders, 817 S.W.2d at 692 (holding 
 Holding statements: (A) holding egregious harm standard applied where appellant failed to object to lack of instruction on accomplice witness testimony (B) holding egregious harm resulted from erroneous jury instruction authorizing conviction based on legally inadequate theory (C) holding that it was prejudicial error to fail to give such a cautionary instruction even where the defendant did not object at trial to the lack of such an instruction when the accomplice testimony was uncorroborated (D) holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper (E) holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds
answer:
(A)


question:
2001 V. FAME JEANS, INC., 2006 WL 337552, 77 U.S.P.Q.2d 1861, 1862 (T.T.A.B.2006). 2 . Opposition No. 91163436. 3 . See, e.g., WamerVision Entertainment, Inc. v. Empire of Carolina, Inc., 101 F.3d 259, 261 (2d Cir.1996) (intent-to-use applicant could assert its constructive use date to defend an infringement action); Mitchell Cosmetics SARL v. Pramil S.R.L. (Esphanna), No. 04-1557, 2005 WL 3273371, 2005 U.S. Dist. LEXIS 18915 (D.D.C. Aug. 29, 2005) (Lamberth, J.) (affirming priority determination by TTAB that relied on constructive use); Lucent Info. Mgmt., Inc. v. Lucent Techs., Inc., 986 F.Supp. 253, 258 (D.Del.1997) (defendant could rely on its intent-to-use application date for priority in defending an action). Cf. SCM Corp. v. Langis Foods, Ltd., 539 F.2d 196, (D.C.Cir.1976) (<HOLDING>); Talk To Me Products, Inc. v. Larami Corp., 
 Holding statements: (A) holding that where law not facts changed between filing and conversion law in effect on date of filing controls (B) holding the correct date to use when determining the controlling statute is date upon which the claim arose (C) recognizing section 44d applicants constructive use date based on foreign filing (D) holding correct date to use when determining controlling statute is date upon which claim arose (E) recognizing theory of constructive possession
answer:

(C)