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: such equitable relief as may be appropriate. 29 U.S.C. § 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a “serious health condition” as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent’s termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set 
 Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

Answer: (C)


Question: The appellant’s first point relied on is also deficient in that it does not comply with Rule 84.04(d)(5) inasmuch as the authority cited by the appellant in support of the claim raised relates only to our standard of review and the manner in which we are to interpret a statute. Rule 84.04(d)(5) provides: In support of each “Point Relied On,” and immediately following the statement of the Point, the appellant or relator shall cite all authorities upon which the argument rests. If more than three authorities are cited, the three authorities on which the appellant, relator, or petitioner principally relies shall be cited first. The appellant does not, as required by the rule, provide any authority for his claimed interpretation of the implicated statutes. See Coleman, 969 S.W.2d at 274 (<HOLDING>). If no such citations exist because this is a 
 Holding statements: (A) holding that an appellate court cannot consider an issue that was not preserved for appellate review (B) holding the trial court was without authority to dismiss an appeal on the ground that the amount of the judgment required the appellant to file an application for discretionary review (C) holding that an appellate court may not review errors that have not been assigned by a party or a point of error (D) holding that a claim is waived on appeal when not supported by citation to relevant authority (E) holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority

Answer: (E)


Question: plan description. The district court granted the defendants summary judgment on this claim. James then filed a motion to reconsider, arguing for the first time that the defendants also breached their fiduciary duty by not informing him of the out-of-network status of the Rush providers during his April 7, telephone conversations with Concert. The district court denied James’s motion to reconsider, holding that it was too late to raise an argument premised on the April 7 telephone conversations. By not presenting a timely argument to the district court premised on the April 7 telephone calls, James waived any argument that the defendants breached their fiduciary duty based on those telephone calls. Publishers Res., Inc. v. Walker-Davis Publ’ns, Inc., 762 F.2d 567, 561 (7th Cir.1985) (<HOLDING>). The en banc court, though, holds that the 
 Holding statements: (A) holding that arguments not raised in opposition to a motion for summary judgment are waived (B) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (C) holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court (D) holding that a litigant who fails to raise an argument in opposition to a properly raised motion for summary judgment will not be permitted to raise that same argument later either in a motion for reconsideration or on appeal (E) holding that government lost right to raise lack of expectation of privacy argument on appeal when it failed to raise argument below

Answer:
(D)