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.

Q: State, after expressing its clear and accurate understanding of the ... issue ..., deliberately steer[s] the District Court away from the question and towards the merits of [the] petition.” Wood v. Milyard, — U.S.-, 132 S.Ct. 1826, 1835, 182 L.Ed.2d 733 (2012) (internal citation omitted). In Wood, the state had assured the district court that it was “not challenging, but d[id] not concede, the timeliness of the petition.” Id. at 1830. As in Wood, the state’s words and conduct cannot be described as an inadvertent mistake or forfeiture of the exhaustion defense, as was the case in Day, but instead they clearly evidence an express intention to waive the exhaustion requirement. As the First Circuit said, “[t]hat was game, set, and match.” Pike v. Guarino, 492 F.3d 61, 71-72 (1st Cir.2007) (<HOLDING>). Other circuits have also held this type of 
 Holding statements: (A) holding that a deposition that was not presented to the trial court could not be considered on appeal (B) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (C) holding that a waived issue ordinarily cannot be resurrected on appeal whereas a forfeited issue may be reviewed for plain error (D) holding statement that  petitioner is correct in her assertion that the claims presented  have been exhausted  was unmistakably clear and could not be resurrected on appeal alteration in original (E) holding that complaint on appeal must be the same as that presented in the trial court

A: holding that a deposition that was not presented to the trial court could not be considered on appeal
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Q: or require the information it did. In light of the information possessed by the District as of June 2, 2011, the District’s interference with Rutherford’s right to return began then, and continued until the District ultimately terminated him. Once a technical violation of the FMLA has been established—and here, the undisputed facts show that a violation occurred—the interference inquiry turns to whether the plaintiff experienced prejudice resulting from the violation. Ridings v. Riverside Medical Center, 537 F.3d 755, 764 (7th Cir. 2008). The District arg e his fitness to return to work, he had such proof—a note from his doctor stating that he was fit to work—and attempted to present it on June 2, 2011. See Vannoy v. Fed. Reserve Bank of Richmond, 827 F.3d 296, 302 (4th Cir. 2016) (<HOLDING>). Instead of reinstating him, the District kept 
 Holding statements: (A) 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 (B) holding a plaintiff to be ineligible for fmla leave wherein the plaintiff had not accumulated enough work hours (C) holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations (D) holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave (E) holding that sufficient evidence of prejudice existed where plaintiff would have structured leave differently but employer had not provided notice of fmla right to reinstatement

A: 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
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Q: was a justifiable change of methodology as long as such change in position was reasonably supported by the record. 2. Agency’s Reconsideration of Its Determination After Issuance of Preliminary Results An agency’s reconsideration of its determination after issuance of prelimi nary results does not necessarily mean that the parties affected by the determination have been denied due process of law. A party subject to or affected by the review does not have a due process right to notice and comment on the agency’s change in position if, throughout the agency’s investigation, the party was reasonably on notice that the agency was considering the alternative ultimately used in the final determination. See Tehnoimportexport v. United States, 15 CIT 250, 255, 766 F.Supp. 1169, 1175 (1991) (<HOLDING>); accord Kerr-McGee Chem. Corp. v. United 
 Holding statements: (A) holding that commerce has no obligation to notify the parties beforehand that commerce had chosen a surrogate country different from that designated in the initial determination (B) holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce (C) holding that nothing in the statute prohibits commerce from valuing the fop as it did because commerce does not have to duplicate the exact production experience of an nme manufacturer at the expense of choosing a surrogate that most accurately represents the fmv of the surrogate in the hypothetically created marketeconomy version of the nme (D) holding the limitations to congresss commerce clause authority recognized in lopez have no effect on the establishment of the interstate commerce element of the hobbs act (E) holding that the statute as applied violates the commerce clause

A:
holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce
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