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.

[Q]: 918 F.2d 154, 159 (11th Cir.1990). A district court should grant a preliminary injunction only if the movant clearly shows: 1. a substantial likelihood that the mov-ant will prevail on the merits; 2. that the movant will suffer irreparable injury if an injunction is, not issued; 3. that the potential injury to the mov-ant outweighs the possible harm to the nonmovant; and 4. that the injunction would not be adverse to the public interest. Id. This Court will address each element in turn. 1. SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS To begin, the instant ease is controlled by this Court’s decision in Luckie v. Smith Barney, 766 F.Supp. 1116 (M.D.Fla.1991). In Luckie, the plaintiffs filed a complaint with AAA pursuant to the AMEX Window. Id. The defendants argued th 2nd Cir.1990) (<HOLDING>). Also, in Merrill Lynch v. Noonan, [Current] 
 Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (C) holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision (D) holding that an arbitration agreement is separable from the underlying agreement (E) holding that a specific customer agreement can supersede the amex constitution and requiring arbitration before one of the fora named in the agreement
[A]: (E)


[Q]: because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: “Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State.” Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state “affirmatively command[ed]” the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d 
 Holding statements: (A) holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision (B) holding  2254d authorizes federal court to review state courts decision only and not explanation of decision (C) holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law (D) holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights (E) holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines
[A]: (E)


[Q]: to principles and interpretations of federal Title VII cases when construing the MHRA. See e.g., Continental Can Co. v. State by Wilson, 297 N.W.2d 241, 246 (Minn.1980) (Title VII cases and principles are instructive and have been applied to the MHRA) (citing Danz v. Jones, 263 N.W.2d 395, 398-99 (Minn.1978)). “Title VII affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult.” Meritor Sav. Bank, 477 U.S. at 65, 106 S.Ct. at 2405. Several federal courts of appeal, federal district courts, and at least one state court have held that an employee has a cause of action against his or her employer when a non-employee sexually harasses the employee. See e.g., Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754, 756 (9th Cir.1997) (<HOLDING>); Trent v. Valley Electric Ass’n, 41 F.3d 524, 
 Holding statements: (A) holding employee had cause of action against her employers when nonemployee harassed her and employers failed to take corrective action (B) holding employer could be hable for sexual harassment of employees by nonemployees including employers customers (C) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (D) holding employer may be hable for sexual harassment of employee by independent contractor (E) holding employer may be hable when its employee is sexually harassed by employers patrons and employer either ratifies or acquiesces in harassment by not taking immediate andor corrective action
[A]:
(E)