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: 526 (6th Cir.2006) (explaining that “retire” is not synonymous with “age,” and holding that without more, employer’s statement that' plaintiff should “retire and make everybody happy” was not direct evidence of age discrimination); Erickson v. Farmland Indus., Inc., 271 y attitude during the 2010 discussion, Dunn has failed to show a specific link between the Board’s attitude and its decision to nonrenew his contract. After all, not only was there an almost two-year gap between the Board’s 2010 discussion and the 2012 nonrenewal, but the Board rehired Dunn twice during this period despite him being at least sixty years old. Given these circumstances, any link between the 2010 discussion and the 2012 nonrenewal is too attenuated to constitute direct evidence. See Bone, 686 F.3d at 954 (<HOLDING>); Haigh v. Gelita USA, Inc., 632 F.3d 464, 470 
 Holding statements: (A) holding that in order to raise prejudicial comments of trial court on appeal defendant must object to comments when made and move for a mistrial (B) holding that a supervisors repeated comments to an employee that the supervisor wanted to have sex with the employees fifteenyearold daughter were extremely severe because the comments were significantly more offensive than the typical crass comments we have found to be insufficient to constitute harassment in other cases (C) holding that comments relating to age made some three to fifteen or more years prior to plaintiffs discharge were not relevant to show that he was fired because of his age (D) holding that comments made at least four months before the adverse employment action were not connected to the decisionmaking process and thus were not direct evidence of age discrimination (E) holding that supervisors reactions to comments did not constitute direct evidence of age discrimination where comments were made six months prior to plaintiffs discharge and were unconnected to the discharge decision

SOLUTION: (E)

PROBLEM: 285 S.W.3d 884, 890 (Tex.Crim.App.2009) (quotation omitted). B. Crush Analysis Testimony Yergin was apparently planning to testify about estimated speeds of the F-250 and the Hyundai based on the amount of “crush” to the Hyundai. Although Yer-gin testified in front of the jury that there was probably a difference in speed between the two vehicles of 10 to 20 miles per hour, she never stated at any time what speeds she estimated the vehicles to be traveling. Nor did appellant’s counsel explain to the court what speeds Yergin concluded the vehicles were traveling. This information would be crucial to understanding what testimony was excluded and whether the exclusion was harmful. See id. A general statement that she would testify about the vehicles’ speeds is insufficient. See id. at 891 (<HOLDING>). Further, appellant’s trial counsel explained 
 Holding statements: (A) holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed (B) holding defendant was not required to make a reasonable accommodation for an employee because the employee did not apprise defendant that she suffered from a mental impairment (C) holding that counsels performance was deficient for failing to investigate readily available evidence of mental impairment (D) holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold (E) holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer  there must be some meat of the actual evidence

SOLUTION: (E)

PROBLEM: “[A]n action can ‘affect’ the exercise of powers by an agency without being aimed directly at [the agency].” Hindes v. FDIC, 137 F.3d 148, 160 (3d Cir.1998). In Hindes, the Third Circuit held that the protections afforded to receivers in § 1821(j) extend to third parties. In rejecting the argument that § 1821(j) does not apply to a non-FDIC third party, the court stated, “the statute, by its terms, can preclude relief even against a third party, including the FDIC in its corporate capacity, where the result is such that the relief ‘restraints] or affect[s] the exercise of powers or functions of the [FDIC] as a conservator or a receiver.’ ” Id. (alterations in original) (quoting 12 U.S.C. § 1821(j)). Cf. Telematics Int’l, Inc. v. NEMLC Leasing Corp., 967 F.2d 703, 707 (1st Cir.1992) (<HOLDING>). We agree with the reasoning in Hindes and 
 Holding statements: (A) holding that defendant defrauded fdic when actions diluted value of fdics security interest thereby being likely to frustrate and impair the fdics ability to realize the benefit of the interest (B) holding that section 363f applies only to in rem interests which have attached to the property by way of either the debtors consent to a security interest or the creditors attachment of the property resulting in a lien (C) holding that the doench doctrine protects the fdic even where the fdic does not have an interest in an asset (D) holding that  1821j applied to bar a claim seeking to attach a lien to a certificate of deposit in which the fdic had a security interest because the attachment would ultimately have an effect upon the fdics exercise of its powers as receiver (E) holding that while section 1825b2 does not extinguish an earlier lien or excuse the payment of a tax by the fdic it does deny the ability to use a lien on fdic property as a vehicle for collection of delinquent tax

SOLUTION:
(D)