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. 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.
PROBLEM: grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Id. (emphasis added). A defendant must also “file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” Id. § 1446(d). The removal statutes are construed narrowly. Pritchett v. Off its, including the District of Kansas, have also followed this approach. See, e.g., Berbig v. Sears Roebuck & Co., Inc., 568 F.Supp.2d 1033, 1039 n. 9 (D.Minn.2008) (stating that “a failure to comply with the requirements of [Section 1446(a) ] ordinarily is not grounds to deny removal”); Riggs v. Fling Irrigation, Inc., 535 F.Supp.2d 572, 579 (W.D.N.C.2008) (<HOLDING>); Yellow, 406 F.Supp.2d at 1215; In re Methyl 
 Holding statements: (A) holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule (B) recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings (C) holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this (D) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (E) holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured

SOLUTION: (E)

PROBLEM: 2505. III. DISCUSSION A. No Private Cause of Action Under IGRA As an initial matter, the court dismisses all of plaintiffs claims against all defendants brought pursuant to alleged violations of IGRA. The court, following the majority of courts who have decided the issue, finds that IGRA provides no private right of action against the Tribe, the State, the federal government or any official or agency thereof. See, e.g., Tamiami Partners, Ltd. v. Miccosukee Tribe of Indians, 63 F.3d 1030, 1049 (11th Cir.1995)(finding plaintiff failed to state a claim against tribe for alleged failure to comply with IGRA’s licensing requirements because no implied cause of action in IGRA); American Greyhound Racing, Inc. v. Hull, 146 F.Supp.2d 1012, 1053 (D.Ariz.2001)(citing 25 U.S.C. § 2710(d)(7)(A))(<HOLDING>); Jimi Dev. Corp. v. Ute Mountain Ute Indian 
 Holding statements: (A) holding that no private right of action exists (B) holding that there is no private right of action for any person under  13d (C) holding that the scope of section 541 is broad and includes all kinds of property including causes of action (D) recognizing private right of action (E) holding only three kinds of entities are expressly given causes of action under igraindian tribes states and the united statesand there is no implied private right to enforce igra

SOLUTION: (E)

PROBLEM: But the comparator must still be similar enough “to eliminate confounding variables, such as differing roles, performance histories, or decision-making personnel, [so as to] isolate the critical independent variable: complaints about discrimination.” Filar v. Bd. of Educ. of City of Chi, 526 F.3d 1054, 1061 (7th Cir.2008) (second insertion in original) (quoting Humphries, 474 F.3d at 405). As Assistant Superintendent, Malito was directly under Simpson and he had many of the same responsibilities as Simpson. He even seemed to have “fraternized” with the same juvenile detainee that Simpson did. And we have tended to look more broadly for appropriate comparators when an employee holds an arguably unique job description. See McNabola v. Chi. Transit Auth., 10 F.3d 501, 514 (7th Cir.1993) (<HOLDING>). But the Audit Report makes Malito far from 
 Holding statements: (A) holding a pro per litigant to the same standard as an attorney (B) holding that violation of state law was not a per se constitutional violation (C) holding that the maximum statutory damages available to plaintiffs under the fdcpa is limited to 100000 per plaintiff per proceeding (D) holding such agreements to be per se illegal (E) holding that a per diem physician could be adequately compared to per diem attorneys in an organization with a limited number of per diem physicians

SOLUTION:
(E)