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.

Input: Consider Input: such equitable relief as may be appropriate. 29 U.S.C. § 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a “serious health condition” as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent’s termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set 
 Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

Output: holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it


Input: Consider Input: (Black, J., concurring)). We are also troubled because, given that there was nothing about the officers’ appearance or conduct that revealed that they were engaged in the performance of their duties, Davis lacked fair notice that mere spoken words, which did not disturb the peace, could nonetheless constitute the crime of obstructing the officer’s performance of duty. See Cantwell, 310 U.S. at 311, 60 S.Ct. at 906. “It is an elemental requirement of our constitutional jurisprudence that laws be reasonably intelligible, providing citizens with fair notice as to what conduct is legal and what conduct is illegal.” Rodney A. Smolla, Smolla and Nimmer on Freedom of Speech § 6:13 (1996) (citing Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972) (<HOLDING>)). We reiterate that we recognize the need to 
 Holding statements: (A) holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion (B) recognizing the medicare statutes broad delegation of authority (C) holding unconstitutional vagrancy statutes that were purposely designed to grant police broad discretion (D) holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public (E) holding that district courts discretion is extremely broad

Output: holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion


Input: Consider Input: 541 (1992). Put another way, the State may regulate expression on non-content grounds through “reasonable time, place, and manner restrictions.” The Supreme Court cases teach that the “principal inquiry in determining content neutrality in speech cases generally and in time, place, or manner cases in particular, is whether the government has adopted a regulation of speech because of disagreement with them message it conveys.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). Under this test, the State’s action in moving all newsracks to a concrete pad appears content-neutral. It did not differentiate based on the content of the speech. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 428-429, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993)(<HOLDING>). Like the ban on posted signs which the 
 Holding statements: (A) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (B) holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional (C) holding ban violated the sherman act (D) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if  the city might entirely prohibit the use of newsracks on public property (E) holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech


Output: holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional