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. 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.
PROBLEM: are differences between sanctions under Rule 37(a) and substitution of counsel conditioned on payment of fees, the parallel considerations convince us that the Cunningham rationale applies here. Like Rule 37(a) sanctions, the present situation invokes concerns regarding finality, avoiding piecemeal appeals, and availability of effective appellate review.” Id. Cases from the First, Second, Third, and Fifth Circuits further support interpreting Cunningham as applying more broadly than to Rule 37(a) sanctions alone. The First Circuit recognized in Empresas Omajede, Inc. v. Bennazar-Zequeira, 213 F.3d 6, 9 n. 4 (1st Cir.2000), that Cunningham affirmed its precedents denying interlocutory appeals in the sanctions area. See, e.g., United States v. Kouri-Perez, 187 F.3d 1, 14 (1st Cir.1999) (<HOLDING>); Appeal of Licht & Semonoff 796 F.2d 564, 573 
 Holding statements: (A) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable (B) holding sanctions pursuant to rule 26g not immediately appealable (C) holding sanctions order pursuant to district courts inherent powers not immediately appealable (D) holding such denial to be an immediately appealable collateral final order (E) holding an order of rule 37a sanctions against an attorney is immediately appealable under  1291

SOLUTION: holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable

PROBLEM: of the Supreme Court of Pennsylvania and part of the “unified judicial system,” is an arm of the state. See Callahan v. City of Philadelphia, 207 F.3d 668, 672 (3d Cir.2000) (“All courts and agencies of the unified judicial system ... are part of ‘Commonwealth government’ and thus are state rather than local agencies.”). As a state agency, the Board has Eleventh Amendment immunity. See id. Therefore, as an arm of the state, Lucas may not sue the Board unless one of the three exceptions to Eleventh Amendment immunity apply. See MCI Telcomm. Corp., 271 F.3d at 503 (listing immunity exceptions). On appeal, Lucas argues that the Ex Parte Young exception precludes the bar of the Eleventh Amendment to the present action against the Board. Howe 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>). Neither of these exceptions are applicable in 
 Holding statements: (A) holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action (B) holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action (C) holding that a remedial scheme created by congress even if incapable of addressing all of plaintiffs injuries precluded a bivens action (D) holding that existence of a detailed remedial scheme shows congressional intent to prohibit recourse to the ex parte young fiction (E) holding that young will not apply where congress has created a detailed remedial scheme for the enforcement of a federal statutory right against a state

SOLUTION: holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action

PROBLEM: § 1337(a). Section 1337 provides jurisdiction for fair representation suits because the duty of fair representation derives from the National Labor Relations Act (“NLRA”), and the NLRA is an “Act of Congress regulating commerce.” Breininger, 493 U.S. at 83, 110 S.Ct. at 434 (citations omitted). In this context, the “fair representation claim is a separate cause of action from any possible suit against the employer.” See id. at 84, 110 S.Ct. at 435. In Breininger, for example, the employee alleged that the union represented him unfairly by refusing to refer him to potential employers. The union’s breach did not implicate a collective bargaining agreement. See id. at 71-72, 110 S.Ct. at 427-29. See also Storey v. Local 327, Int’l Brotherhood of Teamsters, 759 F.2d 517, 523 (6th Cir.1985) (<HOLDING>). Therefore, § 301 and § 1337 provide different 
 Holding statements: (A) holding that the statute of limitations applicable to a section 301 suit was the same as that which applies to suits against an employer for breach of the collective bargaining agreement (B) holding that a union may breach its duty of fair representation by rejecting an employees interpretation of the collective bargaining agreement if the unions interpretation is itself arbitrary or unreasonable (C) holding that  1337 provides the jurisdictional basis for fair representation suits where no collective bargaining agreement exists (D) holding that a debtorinpossession could reject a collective bargaining agreement (E) holding that an employee may sue for breach of a collective bargaining agreement without the union

SOLUTION:
holding that the statute of limitations applicable to a section 301 suit was the same as that which applies to suits against an employer for breach of the collective bargaining agreement