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.

acts of sexual harassment by the plaintiffs co-workers, about which defendants’ supervisors neither knew nor should have known, does not give rise to a cognizable sexual harassment claim and will not revive an otherwise stale sexual harassment claim. See Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 446 (7th Cir.1994) (“[Because no harassment event occurring during the violation period was ever brought to the attention of [the employer] while [the plaintiff] was still employed, there is no violation during the limitation period that can serve as the anchor for the earlier conduct.”). Additionally, the plaintiff cannot rely on the continuing violations doctrine, because there is no nexus between the conduct of the coworkers in 1994 and the earlier incidents going back to 1992. See Id. (<HOLDING>). Accordingly, there being no dispute as to 
 Holding statements: (A) holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur (B) holding plaintiff failed to demonstrate disparate treatment because she failed to show she was similarly situated to coworker to whom she compared herself (C) holding that the plaintiff could not rely on the continuing violations doctrine because she had failed to demonstrate a sufficiently close nexus between alleged touching incidents by a supervisor and the later conduct of fellow employees (D) holding that a constitutional claim against nongovernment entities only lies where there is a sufficiently close nexus between the state and the challenged action of the  entity so that the action of the latter may be fairly treated as that of the state itself (E) holding that plaintiff cook at a nursing home had sufficiently pled requisite public policy and a close fit where she alleged she was fired for expressing concerns that a fellow employee was contaminating the area where she was preparing food
holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur

it was given voluntarily. If these questions are resolved in favor of the State, then, without being advised of the court’s decision, the jury shall be instructed that they should decide whether in view of all the same circumstances the defendant’s confession is true. If they find that it is not true, then they must treat it as inadmissible and disregard it for purposes of discharging them function as fact finders on the ultimate issue of guilt or innocence. [Id. at 272, 294 A.2d 23.] See also State v. Thomas, 76 N.J. 344, 366, 387 A.2d 1187 (1978) (reaffirming Hampton principle that trial court is sole arbiter of voluntariness of defendant’s statements and rejecting defendant’s invitation to overrule decision); State v. Bowman, 165 N.J.Super. 531, 537-39, 398 A.2d 908 (App.Div.1979) (<HOLDING>). The New Jersey Rules of Evidence codified the 
 Holding statements: (A) holding prosecutors statement to jury on summation that trial court had previously found defendants two confessions voluntary constituted reversible error even though trial court gave hampton charge because it failed to instruct jury to disregard prosecutors statement (B) holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge (C) holding that improper statement was rendered harmless because the district court sustained the defendants objection  and admonished the jury to disregard the statement (D) holding no injury to ashley shown by statement to widow of murder victim that was not in evidence because trial court gave sua sponte instruction to jury to disregard statement and statement did not contradict ashleys testimony (E) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error
holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge

legitimate interests that underlie it. ¶ 26. While this appeal was pending, respondent filed a motion with the Court to amend Canon 5(A)(3) retroactively to comport with the Legislature’s recent enactment of 4 V.S.A. § 278 and to eliminate the finding that he violated the Canon. In pertinent part, the statute provides that: “An assistant judge or a candidate for the office of assistant judge may also seek election to the office of probate judge, and, if otherwise qualified and elected to both offices, may serve both as an assistant judge and as probate judge.” 4 V.S.A. § 278(a). The statute was effective on passage, June 3, 2010, see 2009 (Adj. Sess.), No. 154, §§ 17a, 239(d), and operates prospectively. See Town of Sandgate v. Colehamer, 156 Vt. 77, 90, 589 A.2d 1205, 1212-13 (1990) (<HOLDING>). In effect, respondent argues that the statute 
 Holding statements: (A) holding new statute applicable only prospectively (B) holding retroactive application (C) holding that statutes operate prospectively unless they contain clear language mandating retroactive application (D) holding no retroactive application (E) recognizing that the application of a retroactive amendment is discretionary

holding new statute applicable only prospectively