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: this ease is to certify a class to determine the issue of whether Beverly systematically and chronically understaffed the Batesville nursing facility and then to decertify the class, if necessary, to determine individual restitution and damage claims as well as any defenses in separate proceedings.” Thomas, 370 Ark. at 320, 259 S.W.3d at 451 — 52. The same is true here. Determining the central questions whether understaffing creates contractual or statutory liability and whether chronic understaffing occurred are more efficiently handled in a single proceeding. Otherwise, there exists the possibility of a multiplicity of suits across the state with the potential that circuit courts may reach inconsistent results. See Summons v. Missouri Pac. R.R., 306 Ark. 116, 813 S.W.2d 240 (1991) (<HOLDING>). We also do not agree that efficiency is 
 Holding statements: (A) holding that whether or not claimant would have returned to work at all was a question of fact (B) holding it is a question of fact (C) holding that actual apportionment of damages is a question of fact (D) holding that the repeated litigation of the liability question and the possibility of inconsistent results outweighed the fact that each claimant would have different evidence regarding damages (E) holding that generally the question of waiver and estoppel is a question of fact

Answer: (D)


Question: Erickson-Puttmann concedes that her Title VII claim against Gill fails because Gill was not her employer. See e.g., Bonomolo-Hagen v. Clay Central-Everly Community Sch. Dist., 121 F.3d 446, 447 (8th Cir.1997) (“Our Court quite recently has squarely held that supervisors may not be held individually liable under Title VII.” (citing Spencer v. Ripley County State Bank, 123 F.3d 690, 691-92 (8th Cir.1997) (per cu-riam))). Lenhardt v. Basic Inst, of Tech., Inc., 55 F.3d 377, 381 (8th Cir.1995) (noting that “[e]very circuit that has considered the issue ultimately has concluded that an employee, even one possessing supervisory authority, is not an employer upon whom liability can be imposed under Title VII.”); Smith v. St. Bernards Reg'l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir. 1994) (<HOLDING>). Therefore, the court concludes that summary 
 Holding statements: (A) holding that individual employees are not liable under title vii (B) holding that individual defendants may not be held liable for violations under title vii (C) holding individual employees may be liable under title vii (D) holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii (E) holding that there is no individual liability under title vii

Answer: (D)


Question: evidence suggesting that each of the hotel stays involved the same individual, (e.g., the perpetrator gave the same fictitious address and/or fictitious telephone number; tips on credit card vouchers were in such amounts that the totals rounded off to even dollar amounts, the perpetrator departed prior to the scheduled end of his stay without checking out). “Evidence of this kind may be sufficient alone to establish a perpetrator’s identity. See United States v. Milhollan, 599 F.2d 518, 524-25 (3d Cir.1979) (finding similar modus operandi evidence probative of identity); 2 Jack B. Wein-stein & Margaret A. Berger, Weinstein’s Evidence ¶ 404[16] (1992) (discussing "signature” evidence in context of Fed.R.Evid. 404(b)).” See also Featherstone v. Estelle, 948 F.2d 1497 (9th Cir.1991) (<HOLDING>). Evidence of individual modus operandi may be 
 Holding statements: (A) holding that admission of testimony which denominated appellants modus operandi in previously uncharged and charged crimes was not clearly erroneous (B) holding that rule 404b evidence is probative of intent only when the prior acts were part of the same scheme or involved a similar modus operandi as the present offense (C) holding that prior con victions are not related simply because the crimes used the same modus operandi were part of a crime spree or shared the same motive (D) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (E) holding other crimes evidence was properly admitted to establish modus operandi when the defendant attacked older women as they exited their garages in the same area of chicago

Answer:
(A)