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.
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Question: that any negligent infliction claim remains before us on this appeal (as none has been separately argued) that claim is preempted for the same reasons. III. Conclusion We hold that Humble’s intentional infliction/tort of outrage claim is preempted on the facts of this case, and her race and nationality discrimination claims have been abandoned. Humble’s reasonable accommodation claim under the WLAD is not preempted, and we remand that claim for further proceedings consistent with this opinion. Humble requests that a remand to state court for the latter claim be ordered, but we leave it to the district court to make that discretionary determination. REVERSED AND REMANDED. 1 . 29 U.S.C. § 185(a). 2 . Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 216, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (<HOLDING>). 3 . Id. at 213, 105 S.Ct. 1904. Without 
 Holding statements: (A) holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by  301 (B) holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim (C) holding that a bad faith claim is a tort (D) holding that future benefits are available upon a finding of bad faith because repudiation is a legal conclusion which the trial court reaches after the fact finder makes its determinations about whether there was a breach and whether the breach was in bad faith (E) holding that a state law tort of bad faith was necessarily based on breach of duties contained in the cba and was therefore preempted

Answer: holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by  301


Question: of any act which is within the scope of the lawful duty or authority of that officer, ... or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a simple misdemeanor---However, if a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts bodily injury other than serious injury, that person commits an aggravated misdemeanor. Iowa Code § 719.1(1). Because an aggravated misdemeanor under Iowa law carries the possibility of a two-year prison sentence, see Iowa Code § 903.1(2), it qualifies as a “prior felony conviction” for purposes of § 4B1.1, see USSG § 4B1.2, comment, (n.1). See United States v. Postley, 449 F.3d 831, 832 (8th Cir.2006) (<HOLDING>). To convict Malloy under section 719.1(1), a 
 Holding statements: (A) holding that an aggravated misdemeanor conviction under section 7191 is a felony for purposes of assessing criminal history points under ussg  4a12c (B) holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony (C) holding that drug felony under state law can constitute an aggravated felony for federal sentencing guidelines purposes even if the same conduct would not constitute a felony under federal law (D) holding that a felony conviction in new york state court for possession of cocaine constituted an aggravated felony where the conviction would have also been punishable under the controlled substance act even though the crime would have only constituted a misdemeanor under federal law (E) holding that conviction under  2702a3 or 4 is an aggravated felony under  101a43f

Answer: holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony


Question: the case, the district court granted the Diocese summary judgment on the basis that the Diocese’s claim against Gallagher was contractual. This time around, the summary judgment burden was on the Diocese, rather than Gallagher. Moreover, the district court considered additional evidence in granting the Diocese summary judgment, evidence that it did not have the opportunity to consider when it erroneously granted Gallagher summary judgment on the same issue. The Diocese even emphasizes this point in its brief: “On remand, the trial court was presented with even stronger evidence than before on the issue of Gallagher’s liability.” This court will not apply the law of the case to factual determinations if there is a different standard of review in the two appeals. See Royal, 3 F.3d at 881 (<HOLDING>). This court has also held that the law of the 
 Holding statements: (A) holding same as to the filing of a notice of an interlocutory appeal (B) holding that an interlocutory appeal lies from a denial of summary judgment on a qualified immunity claim (C) holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal (D) holding that because the standard of review for factual determinations on direct appeal is higher than the standard applied during an interlocutory appeal of a preliminary injunction the interlocutory appeal normally will not establish law of the case on factual matters (E) holding that jurisdiction for interlocutory appeal was lacking where defendants arguments rested on factual not legal grounds

Answer:
holding same as to the filing of a notice of an interlocutory appeal