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: whether the Bank was motivated, in whole or in part, by Strate’s association with her disabled newborn child, then summary judgment was improperly granted for the Bank. The evidence establishes that Strate gave birth to her disabled child on April 20, 2001, enrolled the child in the Bank’s group healthcare plan on April 24, 2001, and was notified that her job had been eliminated on July 2, 2001, approximately two months later. It is undisputed that Ziegler knew about the child’s disability when he made the decision to eliminate her job. On rare occasions, a close temporal connection between a protected activity and an adverse employment action may be sufficient to create an inference of retaliation. See,e.g., Bassett v. City of Minneapolis, 211 F.3d 1097, 1105-06 (8th Cir. 2000) (<HOLDING>) (citing cases). It follows that close temporal 
 Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation (C) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (D) holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation (E) holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action

SOLUTION: (B)

PROBLEM: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant’s challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that “pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right”); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, “where a proposed amendment 
 Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints

SOLUTION: (A)

PROBLEM: we hold that Defendant’s employee handbook does not constitute an implied waiver of sovereign immunity. Participation in New Mexico’s Workers’ Compensation Program {17} Plaintiff urges the Court to hold that Defendant’s voluntary participation in New Mexico’s workers’ compensation program serves as a waiver of immunity. Plaintiff makes this argument without citing to any authority or providing any substantive argument in support of her contention. {18} A waiver of sovereign immunity cannot be implied. Santa Clara Pueblo, 436 U.S. at 58, 98 S.Ct. 1670. Thus, we conclude that waivers of sovereign immunity cannot be created by implication through activities such as participation in the state’s workers’ compensation program. See Webb v. Paragon Casino, 872 So.2d 641, 646 (La.Ct.App.2004) (<HOLDING>). Inconsistent Waivers in Other Business 
 Holding statements: (A) holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity (B) holding that an official of an indian tribe should be stripped of his authority and corresponding immunity to act on behalf of his tribe whenever he exercises a power his tribe was powerless to convey to him (C) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (D) holding that offreservation casino owned and operated by tribe was arm of the tribe and therefore was entitled to sovereign immunity (E) holding that as a matter of federal law an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity

SOLUTION:
(C)