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.

Input: Consider Input: evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

Output: (B)


Input: Consider Input: as she has failed to show that a majority of the arbitrators deliberately disregarded the law. (See id.) Although the award in this case is general, it does not appear that the panel deliberately disregarded the law. Both parties made viable legal arguments to the arbitration panel regarding equitable remedies and defenses including the voluntary payment doctrine, which the panel says it considered. Although the voluntary payment doctrine could preclude Olde’s recovery, it is not applicable in all situations and there are exceptions to the doctrine. For example, courts have found that if a mistake of fact is alleged, then the voluntary payment doctrine does not apply. See Kane-Miller Corp. v. Lakeview Trust & Sav. Bank, No. 88 C 7561, 1989 WL 13295, at *1 (N.D.Ill. Feb.13, 1989) (<HOLDING>); see also Best Buy Co. v. Harlem-Irving Cos., 
 Holding statements: (A) holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff (B) recognizing that a mistake of fact may constitute a valid defense (C) holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss (D) holding that money paid under mistake of fact may be recovered regardless of the negligence of the payor (E) holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it

Output: (D)


Input: Consider Input: no uncertain terms, Congress, for whatever reason, has chosen, through the anti-retaliation provision of Title VII, to protect “employees,” i.e., “individuals] employed by an employer,” and “applicants for employment,” but not to protect former employees. Because Robinson’s complaint alleges post-employment retaliation, the district court properly dismissed his complaint under Federal Rule of Civil Procedure 12(b)(6). Accordingly, we affirm. AFFIRMED. 1 . The Supreme Court vacated this court’s judgment in Polsby and remanded the case to this court "for further consideration in light of the position asserted by the Acting Solicitor General in his brief for the United States filed March 5, 1993 Cir.1988); EEOC v. Cosmair, Inc., L'Oreal Hair Care Div., 821 F.2d 1085, 1088 (5th Cir.1987) (<HOLDING>); O'Brien v. Sky Chefs, Inc., 670 F.2d 864, 869 
 Holding statements: (A) holding employee under fair labor standard acts antiretaliation provision includes former employees (B) holding that the adeas parallel provision prohibits retaliation against a federal employee who complains of age discrimination (C) holding that former employees subjective belief that he suffered an adverse employment action as a result of discrimination without more is not enough to survive former employers summary judgment motion (D) holding employees under adeas parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship (E) recognizing that an injury arises out of the employment relationship if it can be traced to the nature of employment or the workplace environment


Output: (D)