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.
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Question: Erickson-Puttmann concedes that her Title VII claim against Gill fails because Gill was not her employer. See e.g., Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446, 447 (8th Cir.1997) (“Our Court quite recently has squarely held that supervisors may not be held individually liable under Title VII.” (citing Spencer v. Ripley County State Bank, 123 F.3d 690, 691-92 (8th Cir.1997) (per cu-riam))). Lenhardt v. Basic Inst, of Tech., Inc., 55 F.3d 377, 381 (8th Cir.1995) (noting that “[e]very circuit that has considered the issue ultimately has concluded that an employee, even one possessing supervisory authority, is not an employer upon whom liability can be imposed under Title VII.”); Smith v. St. Bernards Reg'l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir. 1994) (<HOLDING>). Therefore, the court concludes that summary 
 Holding statements: (A) holding that individual employees are not liable under title vii (B) holding that individual defendants may not be held liable for violations under title vii (C) holding individual employees may be liable under title vii (D) holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii (E) holding that there is no individual liability under title vii

Answer: (D)


Question: class’s claims, its interests are not antagonistic to the class, and its chosen counsel are qualified and competent. The Court also notes that the members of the aptly-named Pension Fund Group are public institutional investors, which comports with the PSLRA’s expressed preference for such lead plaintiffs. The PSLRA’s legislative history explains as follows: “[t]he pension funds accounting for $4.5 trillion or nearly half of the institutional assets, in many cases the beneficiaries of pension funds — small investors — have the greatest stake in the outcome of the lawsuit.” H.R. Conf. Rep. No. 104-369, at 34 (1995), reprinted in 1995 U.S.C.C.A.N. 730-34; see also In re Vicuron Pharm. Sec. Litig., NO. CIV. A.04-2627, 225 F.R.D. 508, 511, 2004 WL 2983940, at *3 (E.D.Pa. Oct.7, 2004) (<HOLDING>); see also In re Royal Ahold N.V. Sec. & ERISA 
 Holding statements: (A) holding on motion for preliminary injunction that balance of hardships tipped in favor of public (B) holding that where the issue is one of arbitrability the federal presumption in favor of arbitration shifts to favor a court determination (C) holding that one candidates status as a pension fund tipped the scales in favor of its appointment as lead plaintiff (D) holding that an employees protected interest in a pension vested before he or she became eligible to collect the pension (E) holding that the employers insidious pattern of seeking to tip the scales in its favor during employment disputes justified a decision to declare the entire agreement unenforceable

Answer: (C)


Question: opportunity to be heard on the issue ofrepayment of unemployment benefits. {32} The Minnesota Court of Appeals considered a due pr e Court of Appeals of Minnesota that distinguish Schulte where the Court ultimately held that there was no constitutional violation when the employee did participate in the hearing. See Comm ’r of Nat. Res. v. Nicollet Cty.Pub. Water/Wetlands Hearings Unit, 633 N.W.2d 25, 30 (Minn. Ct. App. 2001) (affirming an appellate denial of the appellant’s due process claim based on constitutionally valid notice of the hearing because the appellant knew the potential consequences of a reversal of the initial decision and participated in the appeal with counsel); see also Aubin v. Family Dollar, Inc., No. A14-0483, 2014 WL 6724937, at *4-5 (Minn. Ct. App. Dec. 1, 2014) (<HOLDING>); Koch v. Sheldahl, No. A03-1562, 2004 WL 
 Holding statements: (A) holding that sentencing court did not violate defendants due process rights when it reasonably refused to recall a witness for crossexamination (B) holding that it is not (C) holding that doctrine does not violate due process (D) holding that online system of appeals did not violate due process rights because it was not affirmatively misleading and it adequately explained the potential consequences of failing to file a timely appeal citations omitted (E) holding that on summary judgment a court may not disregard evidence merely because it serves the interests of the party introducing it citations omitted

Answer:
(D)