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.

Q: otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. § 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) (‘We do not ... believe § 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim.” (internal quotations omitted)) and First Nat’l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng’rs, Inc. v. Lafourche 
 Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that  1441c does not allow the remand of claims that are not separate and independent (D) recognizing that  1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand

A: (B)
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Q: case commences from the time the discriminatory conduct causes economic injury and ends upon the date of the judgment. In other words, back pay accrues from the date of the commencement of the discriminatory course of conduct causing financial loss until the date damages are “settled.” Palasota, 499 F.3d at 483 (internal citations omitted); see also Quint v. A.E. Staley Mfg. Co., 172 F.3d 1, 15 (1st Cir.1999) (“A prevailing ADA claimant is presumptively entitled to all back pay which would have accrued from the termination date to the entry of judgment, provided it is made to appear that reasonable diligence was exercised in the effort to secure other suitable employment.” (internal quotations and citations omitted)); Sellers v. Delgado College, 781 F.2d 503, 505 (5th Cir.1986) (<HOLDING>). Back pay may be denied “only for reasons 
 Holding statements: (A) holding that an award of back pay under title vii remains an equitable remedy to be awarded by the district court in its discretion (B) holding that it was not an abuse of discretion to require a defendant to pay all back taxes (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable

A: (C)
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Q: cannot be waived); 2 Moore’s, supra, § 8.07[3] (noting that affirmative defenses are, waivable); see also Denver & Rio Grande W.R. Co. v. Blackett, 538 F.2d 291, 294 (10th Cir.1976) (“[T]he application of affirmative defenses offer[s] no jurisdictional question.”)- While it is true, as Sanborn points out, that Colorado courts have barred civil suits against employers when workers’ compensation was available, in none of these cases did the parties dispute the existence of the state law bar, as they have done in the current case. See, e.g., Kandt v. Evans, 645 P.2d 1300, 1305-06 (Colo.1982) (affirming grant of summary judgment because plaintiff had already received workers’ compensation benefits and the fact that plaintiff was ac gomery LC, Inc., 942 P.2d 1230, 1234 (Colo.Ct.App.1996) (<HOLDING>); cf. Massie v. Godfather’s Pizza, Inc., 844 
 Holding statements: (A) holding that the issue of foreseeability should be submitted to the jury where reasonable persons might differ (B) holding that new york common law must be applied to determine whether the parties formed an oral settlement agreement and state statutory law must be applied to determine whether the agreement if any is enforceable (C) holding that factual issues essential to determining whether state law bar applied should be submitted to a jury (D) holding that the disputed issue with respect to the state law bar was properly submitted to the jury (E) holding that state court with jurisdiction over  301 claim should have applied federal labor law rather than state contract law

A:
(C)
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