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.

judicial review of an arbitration award. See UHC Management Co., 148 F.3d at 998 (“ “We may not set an award aside simply because ... the arbitrators erred in interpreting the law or in determining the facts.’ ”) (quoting Stroh Container Co., 783 F.2d at 751). This third challenge is nonetheless partially cognizable, but only to the extent it can be read as an assertion that there was evident partiality or corruption in the arbitrators, a statutory ground under 9 U.S.C. § 10(a)(2), as a claim of misconduct by the arbitrators in refusing to hear evidence or to provide a reasonable opportunity to present evidence, another statutory ground under 9 U.S.C. § 10(a)(3), or as an extra-statutory challenge to the “fundamental fairness” of the proceedings. See P & P Indus., Inc., 179 F.3d at 870 (<HOLDING>). Hoffman’s fourth challenge is to the denial 
 Holding statements: (A) recognizing such a ground for judicial review of arbitration awards in this circuit (B) holding right to be fundamental (C) holding that section 34810 is an adequate and independent state ground (D) recognizing plain or fundamental error (E) recognizing review for fundamental unfairness of the proceedings as an independent extrastatutory ground
recognizing such a ground for judicial review of arbitration awards in this circuit

S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution
recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution

above, the court finds that MCS’s summary judgment motion with regard to Mason’s hostile work environment claim is due to be granted. 2. Racial Discrimination Claim — Title VII and § 1981 (i) Statement of the Law Mason’s claims are brought pursuant to Title VII and 42 U.S.C. § 1981 and consist of disparate treatment claims alleging discriminatory pay seful discrimination. See General Building Contractors Association v. Pennsylvania, 458 U.S. 375, 389, 102 S.Ct. 3141, 73 L.Ed.2d 835 (1982); Lincoln v. Board of Regents of the University System of Georgia, 697 F.2d 928, 935 n. 6 (11th Cir.1983). Thus, a showing of disparate impact through a neutral practice is insufficient to prove a § 1981 violation because proof of discriminatory intent is essential. See id. at 388, 102 S.Ct. 3141. (<HOLDING>). Accordingly, only direct or circumstantial 
 Holding statements: (A) recognizing that the drafters of  1981 were not concerned with practices that were facially neutral (B) holding that the challenged practices were not consumeroriented under  349 because they were directed only at prospective insurance agents (C) holding that the litigation privilege did not preclude a malicious prosecution claim where the accusatorial statements that led to the plaintiffs arrest were made before the charges against him were filed and were not made during and were unrelated to the judicial proceeding (D) holding that plaintiffs had standing because they were directly affected by the laws and practices against which their complaints were directed (E) holding that parents who brought suit challenging certain religiouslyrelated practices in public schools were without standing to challenge religious practices at baccalaureate programs because their children who were enrolled in elementary schools were not adversely affected by the challenged practice

holding that the challenged practices were not consumeroriented under  349 because they were directed only at prospective insurance agents