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.
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Question: any evidence that Qualex’s action had any reason to perceive plaintiff as being disabled, any claim that the withdrawal of the offer of employment was motivated by such a perception is purely speculative. As such, plaintiffs claim that defendant Qualex violated the ADA by withdrawing its offer of employment fails as a matter of law. See Hoffman at 1 (“Unsupported speculation does not satisfy a party’s burden to produce some evidence in resisting a summary judgment motion.”). B. The Drug-free Workplace policy. Plaintiffs second claim is that the “Drug-free Workplace” policy maintained by defendant Qualex is a blanket exclusionary policy, leaving no allowance for the legal use of controlled substances. See Rowles v. Automated Production Systems, Inc., 92 F.Supp.2d 424, 430 (M.D.Pa.2000) (<HOLDING>). Plaintiff further argues that defendant 
 Holding statements: (A) holding that employers drug policy violated the ada to the extent that it prohibits the use of all legally prescribed controlled substances without a determination that such prohibition is jobrelated and consistent with business necessity (B) holding highest and best use is to be considered to the full extent that the prospect of demand for such use affects the market value (C) holding that the 60day rule under the wisconsin controlled substances act is mandatory and that failure to set the hearing within that period deprived the trial court of jurisdiction (D) holding that the ada exceeds the  5 power  at least to the extent it extends beyond remedies for irrational discrimination (E) recognizing that the sentence imposed should be consistent with the protection of the public

Answer: (A)


Question: of serious physical harm,” Gamer, 471 U.S. at 11, 105 S.Ct. at 1701, to Ponseti, or to others if the suspects were allowed to flee. Because Pon-seti could have reasonably believed that the suspects posed an imminent, deadly threat, we conclude that he was justified in using deadly force. Conclusion We therefore conclude that the magistrate judge erred in denying Ponseti’s motion for judgment as a matter of law. Accordingly, the judgment below is REVERSED. 1 . The woman was struck once in the right side of her abdomen. 2 . Under the current Federal Rule of Civil Procedure 50, the terms "directed verdict” and "judgment notwithstanding the verdict” have been replaced by the single term “judgment as a matter of law.” 3 . But see Harper v. Harris County, 21 F.3d 597, 600 (5th Cir.1994) (<HOLDING>). 4 . Smith also observes: “Furthermore, the 
 Holding statements: (A) holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law (B) holding that a violation of the wellestablished rule of brignoniponce constituted an egregious violation of the fourth amendment (C) holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts (D) holding that the notice requirement found in rule 41d is not required by the fourth amendment (E) holding that the significant injury requirement of johnson v morel 876 f2d 477 5th cir1989 a case involving a fourth amendment violation is no longer valid in the wake of hudson v mcmillianus 112 sct 995 117 led2d 156 1992 in which the supreme court held that a showing of a significant injury was not required to prove an eighth amendment violation

Answer: (E)


Question: to withdraw the reference to the bankruptcy court. (Docket No. 14.) On April 2, 2013, defendant Perímetro submitted a motion requesting the Court to reconsider. (Docket No. 17.) II. LEGAL STANDARD “A motion for reconsideration is treated as a motion under Rule 59(e) of the Federal Rules of Civil Procedure.” Rosario Rivera v. PS Group of P.R., Inc., 186 F.Supp.2d 63, 65 (D.P.R.2002). Pursuant to Fed.R.Civ.P. 59(e) (“Rule 59(e)”) , “the moving party ‘must either clearly establish a manifest error of law or must present newly discovered evidence’” in order to prevail. Markel Am. Ins. Co. v. Diaz-Santiago, 674 F.3d 21, 32 (1st Cir.2012) (quoting F.D.I.C. v. World Univ. Inc., 978 F.2d 10, 16 (1st Cir.1992)); see also Marie v. Allied Home Mortg. Corp., 402 F.3d 1, 7 n. 2 (1st Cir.2005) (<HOLDING>) (internal citation omitted). It is 
 Holding statements: (A) recognizing that four reasons for granting a rule 59e motion are manifest errors of law or fact newly discovered or previously unavailable evidence manifest injustice and an intervening change in controlling law (B) recognizing that a court will ordinarily apply new legislation to pending cases unless manifest injustice would result (C) recognizing examples of exceptional circumstances where the public interest requires that the issues be heard or manifest injustice would result from the failure to consider such issues (D) holding that the complained of statements may be improper personalizations but plain error does not embrace all errors and defendant has not demonstrated manifest injustice (E) holding that application of the doctrine of law of the case is discretionary and that a district court abuses its discretion in applying the law of the case doctrine only if 1 the first decision was clearly erroneous 2 an intervening change in the law occurred 3 the evidence on remand was substantially different 4 other changed circumstances exist or 5 a manifest injustice would otherwise result

Answer:
(A)