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: of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald’s had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz’s estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on 
 Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by    evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under  3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

Answer: (D)


Question: University Dictionary 141 (1994 ed.); see also Black’s Law Dictionary 135 (6th ed.1990) (defining “available” as “suitable; useable; accessible; obtainable; present or ready for immediate use. Having sufficient force or efficacy; effectual; valid.”). Brown’s argument is essentially that officials in the security department of the prison thwarted his efforts to exhaust his administrative remedies. Assuming security officials told Brown to wait for the termination of the investigation before commencing a formal claim, and assuming the defendants never informed Brown that the investigation was completed, the formal grievance proceeding required by DC-ADM 804 was never “available” to Brown within the meaning of 42 U.S.C. § 1997e. Cf. Miller v. Norris, 247 F.3d 736, 740 (8th Cir.2001) (<HOLDING>). III. The District Court’s order dismissing 
 Holding statements: (A) holding that a remedy that prison officials prevent a prisoner from utilizing is not an available remedy under  1997e (B) holding that the remedy in a prison conditions case must remedy actual injuries that have been identified by the court and suffered by the plaintiffs (C) holding that a thwarted remedy is not available (D) holding remedy not available to prisoner where officials purportedly prevented plaintiff from employing the prisons administrative remedies (E) holding that an injunction is an extraordinary remedy

Answer:
(A)