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.

[EX Q]: in the petition no later than thirty days from the day on which the first defendant was served. Id. at 1262-63 (internal citations omitted). As a general premise, under the “first-served rule,” defendants who are properly served within thirty days of the first defendant’s service must join in the removal petition. The “failure to do so renders the petition defective.” Id. at 1262. Under the facts of Getty, however, the application of the first-served rule did not produce an inequitable result. Nonetheless, recognizing the potential for harsh results, other decisions provide that exceptional circumstances may sometimes require relief from strict application of the rule in order to achieve equitable results. See Milstead Supply Co. v. Cas. Ins. Co., 797 F.Supp. 569, 573 (W.D.Tex.1992) (<HOLDING>); Brown v. Demco, Inc., 792 F.2d 478, 482 (5th 
 Holding statements: (A) holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties (B) holding that the defendants filing of a notice of removal before being served by plaintiffs did not render removal defective (C) holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order (D) holding that joinder in or consent to the removal petition must be accomplished by only those defendants 1 who have been served and 2 whom the removing defendants actually knew or should have known had been served (E) holding that the defendants consent to search was voluntary although he had been served with a subpoena
[EX A]: holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties

[EX Q]: a work-related injury, taking into account such factors as age, education, training, and mental capacity." Id. at 574; see also Norton v. Industrial Comm'n, 728 P.2d 1025, 1027 (Utah 1986) (per curiam) (listing "age, sex, education, economic and social environment, ... [and] permanent impairment" as factors to be weighed (internal quotation marks omitted)). 120 The fact that an employee returned to work for some period of time following his industrial injury does not automatically preclude him from claiming permanent total disability benefits at a later date if he continues to suffer substantial pain throughout the period of his continued employment or if his industrial injury worsens to the point that he is no longer able to maintain regular employment. See Norton, 728 P.2d at 1027-28 (<HOLDING>). See generally Hoskings v. Industrial Comm'n, 
 Holding statements: (A) holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits (B) holding that an employee who returned to work for six years following his workrelated injury could nevertheless obtain permanent total disability benefits and observing that it may be years before the effect of an injury is felt (C) holding that workers compensation statutes do not prohibit claimant from receiving permanent partial disability benefits from prior accident concurrently with temporary total disability benefits from subsequent injury (D) holding that a totally disabled claimant whose preexisting osteoarthritis was temporarily aggravated by her employment was entitled to temporary total disability benefits but not permanent total disability benefits because there was no causal connection between the temporary aggravation and the permanent disability (E) holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence
[EX A]: holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits

[EX Q]: of discretion and, finally, that the death penalty is predominately imposed upon the poor. To prevail on his claim of ineffective assistance of counsel, Crews must demonstrate that: 1) the underlying claim is of arguable merit; 2) counsel’s performance was unreasonable; and 3) counsel’s ineffectiveness resulted in prejudice. Commonwealth v. Pierce, 515 Pa. 153, 158-59, 527 A.2d 973, 975 (1987). As the United States Supreme Court held in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976), the cruel and unusual punishments clause of the Eighth Amendment does not prohibit the death penalty per se. Id. at 188, 96 S.Ct. at 2932; see also Commonwealth v. Zettlemoyer, 500 Pa. 16, 77, 454 A.2d 937, 969 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983) (<HOLDING>). Rather, the Eighth Amendment proscribes the 
 Holding statements: (A) holding that the fact that defendant spent years on death row awaiting execution does not render the death penalty cruel and unusual punishment (B) holding that punishments are cruel when they involve torture or a lingering death (C) holding the death penalty disproportionately cruel and unusual when imposed for the crime of rape (D) holding that the death penalty does not violate the prohibition against cruel punishments set forth in article 1 section 13 of the pennsylvania constitution (E) holding that a criminal defendants right to an impartial jury is guaranteed by article 1 section 9 of the pennsylvania constitution
[EX A]:
holding that the fact that defendant spent years on death row awaiting execution does not render the death penalty cruel and unusual punishment