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: hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision” in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party’s failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial” and reasoned that "Unitherm is inapposite” to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal.” 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ’g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441, 
 Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that  825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla  2615a1  and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions  violates  the act is  a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla

SOLUTION: holding that employers oral denial of plaintiffs request for fmla leave showed interference

PROBLEM: where the-plaintiff seeks to subject private parties to § 1983 liability by bestowing on them the title of state actors. The instant case does not involve a situation where the State has “ ‘so far insinuated itself into a position of interdependence with the [private party] that it was a joint participant in the enterprise.’ ” Harvey, 949 F.2d at 1131 (quoting NBC ¶. Communications Workers of Am., AFL-CIO, 860 F.2d 1022, 1026 (11th Cir.1988) (citation omitted)). The Eleventh Circuit in Harvey, confronting facts similar to the case at bar and the issue of whether involuntary commitment by private parties may be considered state action, found an insufficient nexus between the defendants, a private hospital and private physicians, and the State. See id.; see also Rockwell, 26 F.3d at 258 (<HOLDING>). The court observed that “[b]oth the Supreme 
 Holding statements: (A) holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test (B) holding that massachusetts statute did not create a sufficiently close nexus between private hospital and the state to warrant labeling private actors state actors (C) holding that foster parents are not state actors (D) holding private actors are not acting under the color of state law for the purposes of section 1983 liability (E) holding that private hospital and physicians who involuntarily committed plaintiff under massachusetts statute were not state actors noting that state regulation even if extensive and receipt of federal funds do not establish state action

SOLUTION: holding that ccmc and its employees were not state actors under either the symbiotic relationship or close nexus test

PROBLEM: as to whether she was wrongfully discharged by BCBS. Therefore, jurors — not judges — must be allowed to make that ultimate determination. We affirm the court of appeals and remand with directions to order a new trial on Maria-m’s wrongful discharge claim. 1 . See infra part III. A, p. 19. 2 . Mariani’s direct supervisor for both her positions and throughout most of her employment with BCBS was Samuel Weidman. 3 . For a brief period applicable to this assertion, Mariani’s supervisor was Joe Donahue. 4 . Ultimately, the documents were not submitted to the Division of Insurance and were used 2d 730, 733 (Ky.1983)(indicating that public policy must be limited to a constitutionally protected right or statute); Brockmeyer v. Dun & Bradstreet, 113 Wis.2d 561, 335 N.W.2d 834, 840 (1983) (<HOLDING>). 8 . See, e.g., Boyle v. Vista Eyewear, Inc., 
 Holding statements: (A) holding that specific statutory provisions take priority over general statutory provisions (B) holding that public policy must be evidenced by constitutional or statutory provisions (C) holding that the courts may not declare public policy without a basis in either the constitution or statutory provisions (D) holding that public policy may be found in letter or purpose of constitutional statutory or regulatory provisions in judicial decisions of state and in certain instances in professional codes of ethics (E) holding that where statutory or regulatory provisions which evidence the public policy themselves provide a remedy for the wrongful discharge provision of a further remedy under the public policy exception is unnecessary

SOLUTION:
holding that specific statutory provisions take priority over general statutory provisions