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.

[EX Q]: or creating documents with mistakes on them and signing my name to them to make me appear as if I had been inaccurate .... ” Paragraph 25: The sentence “I confidentially complained about this behavior to Bruce Smith, who, instead of taking action to prevent Burchfield from continuing her pattern of behavior toward me, apparently told Burchfield to counsel me.” Paragraph 32: The sentence “I believe that this move was the beginning point of a concerted effort to remove me from the workplace based on my age.” Paragraph 36: The sentence “I believe that Albertson’s did not provide all of the time sheets from all vendors of temporary help.” Paragraph 37: The sentence “I believe that my combination of formal college education and experience, even though I did not obtain a co h Cir.1983) (<HOLDING>). With respect to paragraphs 22, 28, 34, 39, 
 Holding statements: (A) holding a single conversation to be sufficient evidence of dissolution to preclude summary judgment (B) holding that mere conclusion of affiant without some supporting facts are insufficient to raise fact issue necessary to preclude summary judgment (C) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (D) recognizing that the plaintiffs mere assertions that the defendant had a discriminatory intent were inadequate without substantial factual evidence to raise an issue to preclude summary judgment (E) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party
[EX A]: (D)

[EX Q]: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee’s right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission “should not do the useless thing of granting a permit to one who does not claim the property in good faith,” the Railroad Commission’s determination of the propriety of the permit has no effect on the propriety of the permittee’s potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the 
 Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling
[EX A]: (D)

[EX Q]: normally suffice to satisfy the employer’s burden under the second element of the defense. Faragher v. City of Boca Raton, 524 U.S. 775, 807-08, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 765, 118 S.Ct. 2257, 141 L.Ed.2d 683 (1998). In this case, defendant is entitled to rely on Faragher and Ellerth because, even though plaintiff was terminated, this termination was not the culmination of any harassment against plaintiff. “The Far-agher/Ellerth defense is available to the employer despite the fact that the employee had been discharged, where the alleged hostile work environment did not culminate in employee’s discharge, but the employee was instead fired for another reason.” Patterson v. CBS, Inc., 2000 WL 666337, * 8 (S.D.N.Y.2000) (<HOLDING>). As discussed below, plaintiff was terminated 
 Holding statements: (A) holding that a plaintiff had an employment interest until the date his appointment terminated (B) 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 (C) holding that erisa preempts the texas dtpa because plaintiff relied on state law to advance his complaint that his benefits under the plan were terminated (D) holding that cbs could raise the faragherellerth defense because even though the plaintiff was sexually harassed and terminated the evidence showed that plaintiff was terminated for leaving his camera during a live broadcast (E) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations
[EX A]:
(D)