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.

did not arise out of her employment, given that she was no longer employed at Riverside when she was injured. Respondents counter that, for purposes of the NIIA, the employment relationship continues for a reasonable amount of time after an employee quits or is fired, so that Fanders was still considered an employee when she was injured, and thus, the NILA applied and was Fanders’ sole remedy. The NIIA only covers injuries that arise out of and in the course of the injured claimant’s employment. NRS 616C. 150(1). An in jury occurs within the course of employment when there is a causal connection between the injury and the nature of the work or the workplace. Wood, 121 Nev. at 733, 121 P.3d at 1032; Rio Suite Hotel & Casino v. Gorsky, 113 Nev. 600, 604, 939 P.2d 1043, 1046 (1997) (<HOLDING>); see also MGM Mirage v. Cotton, 121 Nev. 396, 
 Holding statements: (A) recognizing that an injury arises out of the employment relationship if it can be traced to the nature of employment or the workplace environment (B) holding employees under age discrimination in employment acts adea parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship (C) holding that it is the claimants burden to show that the injury was the result of an accident that not only arose in the course of the employment but that it also grew out of or resulted from the employment (D) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (E) holding that language in employee handbook stating that it was not to be considered as creating terms and conditions of an employment contract and that the employment relationship was employment atwill  was sufficiently explicit to preclude the creation of implied contractual obligations as a matter of law
(A)

absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service
(D)

harmed by the duplicity of Count II of the indictment. C. Remedy Having found the threat of prejudice to the defendant due to the duplicity of Count II of the indictment, the next question is whether the entire judgment must be vacated. Duplicity does not necessarily require dismissal of an indictment. See United States v. Goodman, 285 F.2d 378 (5th Cir.1960) (“The entire count should not be dismissed when a less drastic ruling will suffice.”); 1A Charles Alan Wright & Arthur R. Mill tates, 395 U.S. 6, 53 n. 116, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), or by a jury instruction that ensures that the jury is unanimous as to the conduct underlying the conviction, see, e.g., Murray, 618 F.2d at 898; cf. Abney v. United States, 431 U.S. 651, 664-65, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977) (<HOLDING>). Where, as here, a defendant has already been 
 Holding statements: (A) holding that guilty verdict rendered on duplicitous indictment did not preclude on double jeopardy grounds the court of appeals from ordering a retrial based on evidentiary error courts instruction to jury that it had to unanimously find all elements of both crimes charged in count eliminated possibility that jury had acquitted defendant of one of those crimes (B) holding that when the jury acquitted the defendant on the greater offense but deadlocked on the lesserincluded offenses double jeopardy did not bar retrial of the lessers (C) holding that when jury acquitted defendant on greater offense but deadlocked on lesserincluded offenses double jeopardy did not bar retrial of the lesers (D) holding that if defendant moved for or consented to mistrial retrial of defendant was not barred on double jeopardy grounds (E) holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted

(A)