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.

Ex Input:
to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) “Duty” of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241 
 Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties

Ex Output:
(A)


Ex Input:
548 U.S. at 518, 126 S.Ct. at 2667 (Scalia, J., joined by Chief Justice Roberts and Justices Thomas and Alito, concurring in part and dissenting in part) (concluding that “compliance with § 5 of the Voting Rights Act can be [a compelling state] interest ... [otherwise] a State could be placed in the impossible position of having to choose between compliance with § 5 and compliance with the Equal Protection Clause”). And we conclude that a plan will be narrowly tailored to achieve that interest when the race-based action taken was reasonably necessary under a constitutional reading and application of the Act. See Miller v. Johnson, 515 U.S. 900, 921, 115 S.Ct. 2475, 2490-91, 132 L.Ed.2d 762 (1995); see also Shaw v. Hunt, 517 U.S. 899, 916, 116 S.Ct. 1894, 1906, 135 L.Ed.2d 207 (1996) (<HOLDING>); United Jewish Orgs. of Williamsburgh, Inc. v. 
 Holding statements: (A) holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation (B) holding that where the claimed interest is avoidance of liability under section 2 the legislative action must at a minimum remedy the anticipated violation or achieve compliance to be narrowly tailored (C) holding that liability may not be imposed on supervisory personnel under  1983 where at best the plaintiff has merely claimed that the appellants were aware of alleged violation but did not take appropriate action (D) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (E) holding that individual liability under  1983 must be based on personal involvement in the alleged constitutional violation

Ex Output:
(B)


Ex Input:
employee.” Lenoir v. Roll Coater, Inc., 13 F.3d 1130 (7th Cir.1994) citing Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). In this case, the Defendants state that Turner was fired because management honestly believed that Turner had directed threats towards other employees. The testimony of Gibbons, Woodward and Overstreet supports that story. The Court finds that the Defendants’ explanation has a reasonable basis in fact. The Court also finds that Turner’s alleged conduct, if true, would be sufficient to warrant discharge. There is no question that if the Defendants honestly believed that Turner actually made threats of violence, that Turner could be rightfully discharged. See Lenoir v. Roll Coater, 13 F.3d 1130, 1133 (7th Cir.1994) (<HOLDING>). 3. Pretext. Because the Defendants’ 
 Holding statements: (A) holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made (B) holding that if management honestly believed that the plaintiff employee possessed a weapon wielded at coworkers and made menacing comments then management had a reasonable explanation for discharging the plaintiff employee (C) holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct (D) holding that a partner in and accounting firm who brought an action under the age discrimination in employment act adea and the employee retirement income security act erisa was considered an employee because he was subject to the control of a management committee which acted in secrecy and had no bona fide ownership interest fiduciary relationship voting right or management control (E) holding that a plaintiff must comply with the notice of claim requirements in order to maintain an action against a government employee even if the plaintiff claims that the employee acted with fraud or malice

Ex Output:

(B)