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. 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.
question:
negligence placed the plaintiff....” Brown v. Philadelphia Coll, of Osteopathic Med., 449 Pa.Super. 667, 674 A.2d 1130, 1135-36 (1996). Russell’s actions were intentional, not negligent. The impact rule, which depends upon the negligence of a defendant, is therefore inapposite to this case. 7 . Because DiSalvio’s federal cause of action survives Russell's Motion to Dismiss, the Court retains supplemental jurisdiction over DiSalvio’s remaining state law claims. 9 . Unlike the School District Defendants, Russell has not argued that this tort is unavailable to plaintiffs in the Commonwealth of Pennsylvania. 10 . The Court similarly rejects Russell’s argument that DiSalvio cannot recover punitive damages from him under her § 1983 claim. See Coleman v. Kaye, 87 F.3d 1491, 1497 (3d Cir.1996) (<HOLDING>). 11 . DiSalvio suggests that Magill should 
 Holding statements: (A) holding that punitive damages may be awarded for egregious violations of the lmrda (B) holding that punitive damages may be imposed against employer for tortious conduct of employee (C) holding that punitive damages may be awarded under  1983 when the defendants conduct is shown to be motivated by evil motive or intent or when it involves reckless or callous indifference to the federally protected rights of others (D) holding that a supervisor with no personal involvement may be liable for the constitutional violation of a subordinate for culpable action or inaction in the training supervision or control of his subordinates acquiescence in the constitutional deprivation  or reckless or callous indifference to the rights of others (E) holding that since the complaint set out a deliberate indifference claim it follows logically that reckless or callous indifference has been noticed
answer:
holding that punitive damages may be awarded for egregious violations of the lmrda


question:
and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: “Tolling is available' only ‘when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.’” Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the 
 Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that  2244d is subject to equitable tolling if ae petitioner demonstrates  1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
answer:
holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence


question:
Ass'n of Comm’y Org. for Reform Now (ACORN) v. Edgar, 56 F.3d 791, 794-95 (7th Cir.1995). 143 . 133 S.Ct. at 2262-63 (Thomas, J., dissenting). 144 . Id. at 2268 (Thomas, J., dissenting). 145 . Id. at 2270 (Thomas, J,, dissenting). 146 . Id. at 2274 (Alito, X, dissenting). 147 . Id. at 2255 (footnote omitted). 148 . See id.; 52 U.S.C. § 20501(b)(1). 149 .Prior to the EAC’s January 29, 2016 decision to modify the state-specific rules for the Kansas Federal Form, the State was required to conduct a two-tiered system for those who registered by mail. Under Kobach, tire EAC’s earlier decision to reject the state-specific instructions requiring DPOC was upheld, but the State form continued to require DPOC. 150 . Compare U.S. Student Ass’n Found. v. Land, 546 F.3d 373, 382-83 (6th Cir.2008) (<HOLDING>), with Common Cause of Colo. v. Buescher, 750 
 Holding statements: (A) holding that federal law defines fiduciary capacity and fraud or defalcation (B) holding claims preempted where plaintiffs sought to enjoin and declare unlawful the very statement that federal law permits and defines because sueh relief would impose a burden through state law that is not identical to the requirements under section 343r (C) holding that the plaintiffs state law claims are preempted by federal law (D) holding that missouri law applied to the plaintiffs breach of fiduciary duty claim because it is corporate law that defines the contours of that duty (E) holding federal and not state law defines the term registrant
answer:

holding that federal law defines fiduciary capacity and fraud or defalcation