TASK DEFINITION: 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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
PROBLEM: Covenant Media of South Carolina, LLC v. City of North Charleston, 493 F.3d 421 (4th Cir.2007) (city regulation was revised during the litigation to include a time limit for reviewing permits; however the court still found standing because Covenant had suffered an injury by the City’s application of the original unconstitutional ordinance that is redressable at least by nominal damages); Boulder Sign Co. v. City of Boulder City, Nevada, 281 Fed.Appx. 701 (9th Cir.2008) (City passed an ordinance banning all billboards while sign company was challenging size restrictions of the original ordinance; court found no standing because sign company’s alleged injury cannot be redressed by a favorable decision.); Coral Springs St. Sys. v. City of Sunrise, 371 F.3d 1320 (11th Cir.2004) (<HOLDING>); Granite State Outdoor Adven, Inc. v. 
 Holding statements: (A) recognizing that the zoning code of a homerule city is a legislative enactment (B) recognizing that code is speech (C) recognizing that source code is speech but not reaching the object code issue (D) holding that the challenge to the sign code is moot because the original code was repealed and superseded and there was no reasonable likelihood the city would reenact the old code (E) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law

SOLUTION: recognizing that the zoning code of a homerule city is a legislative enactment

PROBLEM: Specifically, the EEOC regulations interpreting the Act provide that, in determining whether a claimant is disabled because he is significantly restricted in his ability to perform “either a class of jobs or a broad range of jobs in various classes,” a court may consider: The job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (class of jobs). 29 C.F.R. § 1630.20)(3)(ii)(B) (emphasis added). In making this determination, the reviewing court must decide whether the plaintiff is restricted in his or her ability to perform ei stems, Inc., 101 F.3d 346, (4th Cir.1996) (<HOLDING>). KCC argues on appeal that Burns’s lifting 
 Holding statements: (A) holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity (B) holding as a matter of law that a twentyfive pound lifting limitation particularly when compared to an average persons abilities  does not constitute a significant restriction on ones ability to lift work or perform any other major life activity (C) holding that a lifting restriction did not substantially limit a computer technicians ability to engage in the major life activity of working (D) holding plaintiff with carpal tunnel syndrome who could not perform heavy lifting failed to meet burden of establishing substantial limitation in major life activity of work (E) holding that a twentyfive pounds lifting restriction did not substantially limit any major life activities

SOLUTION: holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity

PROBLEM: to which the benefits administrator must exercise discretion in the discharge of his duties is likewise a significant factor in determining a question of ERISA preemption because it is indicative of the complexity of the benefit program. See O’Connor, 251 F.3d at 267 (“The determination of what constitutes an ERISA plan thus turns most often on the degree of an employer’s discretion in administering the plan.”); Bogue, 976 F.2d at 1323 (ruling that a plan requiring “case-by-case, discretionary application” of the terms required an administrative scheme, and thus brought the benefits plan within the scope of ERISA even though the term of the employer’s obligation to pay was short and the number of participants was small); see also Rodowicz, 192 F.3d at 171; Belanger, 71 F.3d at 455 (<HOLDING>). As such, this factor relates to both the 
 Holding statements: (A) holding benefit program that entailed a purely mechanical determination of eligibility and did not require any discretionary judgment on the part of the administrator was not an erisa plan (B) holding that district courts order remanding an erisa benefits determination to a plan administrator was nonfinal and therefore not appealable after the remand to plan administrator plan participant still could appeal the district courts decision that erisa preempted her state law claim and if successful she would be able to pursue punitive damage (C) holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan (D) holding that a denial of benefits will not be reviewed de novo where the language of an erisa plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (E) holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant

SOLUTION:
holding that district courts order remanding an erisa benefits determination to a plan administrator was nonfinal and therefore not appealable after the remand to plan administrator plan participant still could appeal the district courts decision that erisa preempted her state law claim and if successful she would be able to pursue punitive damage