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.
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hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision” in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party’s failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial” and reasoned that "Unitherm is inapposite” to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal.” 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ’g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441, 
 Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that  825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla  2615a1  and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions  violates  the act is  a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla
answer:
holding that employers oral denial of plaintiffs request for fmla leave showed interference


question:
complaint nor any facts relating to VBCJ’s General Order support an argument that Waters received less procedural due process than what is constitutionally required in the circumstances. Therefore, VBCJ’s fee program does not violate Waters’ right to procedural due process. C. Legitimate Penological Interest Finally, Waters’ complaint, broadly construed, alleges that Virginia’s one dollar per day room and board fee is not reasonably related to any legitimate penological interest. This claim also plainly fails, as there are several conceivable rationales to support the finding that VBCJ’s fee program is “ ‘reasonably related’ to promoting a legitimate penological interest.” Sample v. Angelone, 173 F.3d 425 (Table), 1999 WL 52347, *1 (4th Cir. Feb.5 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). 5 . Section 53.1-131.3 provides as follows: 
 Holding statements: (A) holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person (B) holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs (C) holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs (D) holding that deliberate indifference standard for imposing supervisory liability based on an eighth amendment violation is consistent with iqbal and collecting cases (E) holding that deliberate indifference to a serious medical need establishes an eighth amendment violation
answer:
holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person


question:
discussed in a footnote at the end of this opinion. 4 .King’s § 2254 petition at best hinted at this claim. It is not separately enumerated. There is only a single sentence, deeply embedded in his Espinosa claim, that "[o]n direct appeal, the Florida Supreme Court gave no consideration to the impact of these invalid aggravating factor[s] on the jury’s weighing. An adequate harmless error analysis was not conducted. See Sochor; Espinosa." (R.l-1 ¶ 13, at 23.) Understandably, the district court did not detect or address so well-hidden a claim. Because we hold that the claim was procedurally barred under state law, in any event, we need not decide whether the claim was properly presented in federal court. 5 . Possibly unnecessarily. See Mills v. Singletary, 606 So.2d 622, 623 (Fla.1992) (<HOLDING>). 6 . 457 So.2d 481 (Fla.1984). 7 . The court 
 Holding statements: (A) holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues (B) holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion (C) holding a failuretoreweigh claim barred in part for failure to present it in rule 3850 motion (D) holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion (E) holding that an involuntary plea claim is cognizable in a rule 3850 motion
answer:

holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues