TASK DEFINITION: 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.
PROBLEM: evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

SOLUTION: (B)

PROBLEM: hostile work environment claims from the general Ricks rule because such claims “ ‘cannot be said to occur on any particular day,’ and instead usually involve a pattern of acts that aren’t ‘actionable on [their] own’ but give rise to a legal violation only when assessed in their totality.” Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that 
 Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

SOLUTION: (B)

PROBLEM: knowingly and willfully failed to comply with all the requirements of this section, the court may dismiss the case with prejudice. When a trial court finds a petition does not comply with the statute, "it shall be returned together with a copy of [§ 2008.1] and a statement of the reason or reasons for its return." Id. The Supreme Court has interpreted this provision to allow the trial court "to return the petition only if it does not comply with the requirements set forth in § 2008.1(B) and (C)," and not for failure to state a claim. Lowe v. Monard, 1997 OK 100, ¶ 4, 942 P.2d 732, 733. 115 The Oklahoma Supreme Court "has often implicitly recognized the right of an imprisoned person to commence a private civil action against a third party." Mehdipour, 2003 OK 3 at ¶ 17, 65 P.3d at 274 (<HOLDING>). According to Mehdip-our, 12 0.8. § 2008.1 
 Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) holding that a ttca claim based on an officers allegedly negligent use of his service weapon was a claim for intentional tort not negligence (C) holding that plaintiff may be heard on his nonconstitutionally based tort claim against his former attorneys (D) holding that a title vii retaliation claim was not properly before the court because although the plaintiff had not been fired when he filed his complaint the plaintiff never amended his complaint to include a claim of retaliation based on his termination (E) holding that the appellant waived his claim on appeal because he failed to address that claim in either his application for a coa or his brief on appeal

SOLUTION:
(C)