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. 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.
PROBLEM: Thus, CERC-LA specifically provides for a private right of action to institute civil actions to recover the costs involved in the cleanup of hazardous wastes from those responsible for their creation. Dedham Water Co. v. Cumberland Farms Dairy, Inc., 889 F.2d 1146, 1150 (1st Cir.1989); 3550 Stevens Creek Assocs. v. Barclays Bank of Cal., 915 F.2d 1355, 1357 (9th Cir.1990), cert. denied, 500 U.S. 917, 111 S.Ct. 2014, 114 L.Ed.2d 101 (1991). Moreover, an entity that is responsible for the remediation of a hazardous waste site under CERCLA may assert a claim for contribution against other responsible parties under § 9613(f). New Castle County v. Halliburton NUS Corp., 111 F.3d 1116, 1122 (3d Cir.1997). See also SC Holdings, Inc. v. AAA Realty Co., 935 F.Supp. 1354, 1362 (D.N.J.1996)(<HOLDING>). In its reply papers, the Novak Group does not 
 Holding statements: (A) holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site (B) recognizing a right to contribution (C) holding that investigatory costs are considered costs of response under cercla (D) holding that parties liable for at least a portion of the costs of remediating a hazardous site are limited to the contribution scheme under section 9613f of cercla (E) holding that site control alone is an improper basis for imposition on lessees of owner liability under cercla

SOLUTION: (D)

PROBLEM: evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

SOLUTION: (B)

PROBLEM: is tied to the challenged retaliatory act, not the' underlying conduct that forms the basis of the Title VII complaint”). 1. Basic Contributor Rating LMC does not dispute that a basic contributor rating is an adverse employment action and that the action took place after Dr. Chawla’s August 2, 2011 and September 22, 2011 complaints. On September. 29, 2011, Mr. Hooker was notified that he was the subject of an investigation of Dr. Chawla’s complaints. Docket No. 37-2 at 5. However, Dr. Chawla does not contest that Mr. Nichols had a role in assigning the basic contributor rating and identified no specific facts upon which to conclude that Mr. Nichols was aware of Dr. Chawla’s prior complaints of discrimi nation. See Hinds v. Sprint/United Mgm’t Co., 523 F.3d 1187, 1203 (10th Cir.2008) (<HOLDING>). Dr. Chawla also does not attack the stated 
 Holding statements: (A) holding that in order to show a causal connection plaintiff must present evidence from which a reasonable factfinder could conclude that those who decided to fire him had knowledge of his protected activity (B) holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity (C) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury (D) holding that the plaintiff failed to show retaliation where there was no evidence that the employees who disciplined him knew of his protected activity (E) holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection

SOLUTION:
(A)