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.

. . . there was a causal connection between the protected activity and the adverse employment decision[s].” Murray v. St. Michael’s Coll., 164 Vt. 205, 210, 667 A.2d 294, 299 (1995). In Burlington Northern, the Supreme Court held that a plaintiff bringing a retaliation claim under Title VII need show only that “a reasonable employee [in the employee’s situation] would have found the challenged action materially adverse,” meaning that it well might have dissuaded a reasonable employee from engaging in the protected activity. 548 U.S. at 68. ¶ 34. Assuming, without deciding, that this is the standard to apply with respect to retaliation claims brought under 21 V.S.A. § 710(b), we conclude that the limited video surveillance in this case in connectio v., 37 F.3d 1146, 1150 (5th Cir. 1994) (<HOLDING>). ¶ 35. But in this case, if the release 
 Holding statements: (A) holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that because a claimant testified that she had no insurance and could not afford treatment her failure to take medication for her symptoms is not a clear and convincing reason for discrediting her symptom testimony (D) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (E) holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy
holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney

with intent to murder”; therefore, the two convictions did not violate double jeopardy. Id. In addition to comparing the statutory elements of an offense both in the abstract under Blockburger and as applied to the facts of the particular case under Duchac, courts consider other factors relevant to ascertaining legislative intent. These factors include the following: (1) whether there were multiple victims involved; (2) whether several discrete acts were involved; and (3) whether the evil at which each offense is directed is the same or different. As we noted in Goins, “generally, if a criminal episode involves several victims who have personally been victimized, the evidence could sustain multiple convictions.” Goins, 705 S.W.2d at 651 (citing State v. Irvin, 603 S.W.2d 121 (Tenn.1980)(<HOLDING>)). In Goins, however, we held that the multiple 
 Holding statements: (A) holding that a single transaction involving multiple obscene materials constitutes but one offense (B) holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured (C) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (D) holding that killing more than one person in a single automobile accident justified multiple homicide convictions (E) holding that a defendant may not be convicted of multiple offenses under  922g on the basis that he belonged to more than one prohibited class or that he simultaneously possessed more than one firearm
holding that a single transaction involving multiple obscene materials constitutes but one offense

nature is heir.’” Elliott v. Aurora Loan Servs. LLC, 31 So.3d 304, 307 (Fla. 4th DCA 2010) (quoting Somero v. Hendry Gen. Hosp., 467 So.2d 1103, 1106 (Fla. 4th DCA 1985)). Where a failure to act is the result of clerical or secretarial error, excusable neglect is established under rule 1.540(b). See Ocwen Loan Servicing, 185 So.3d at 630 (finding that counsel’s absence from case management conference constituted excusable neglect where firm’s clerk misplaced order setting conference); SunTrust Mortg., 153 So.3d at 954 (“[T]he attorney’s unintentional absence in the instant case due to inadvertent calendaring is the type of mistake excused by Florida Rule of Civil Procedure 1.540(b), as well as judicial precedent.”); J.J.K. Int’l, Inc. v. Shivbaran, 985 So.2d 66, 68 (Fla. 4th DCA 2008) (<HOLDING>); Wilson v. Woodward, 602 So.2d 547, 549 (Fla. 
 Holding statements: (A) holding that defense counsels failure to appear at hearing was excusable neglect where secretary accidentally identified the hearing as cancelled (B) holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error (C) holding that appearance at the scheduled hearing demonstrates actual notice of the hearing (D) holding that dismissal for failure to appear at a deposition is on the merits (E) holding that a traffic ticket that required a plaintiff to appear at hearing and answer to charges was not a seizure

holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error