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: 526 (6th Cir.2006) (explaining that “retire” is not synonymous with “age,” and holding that without more, employer’s statement that' plaintiff should “retire and make everybody happy” was not direct evidence of age discrimination); Erickson v. Farmland Indus., Inc., 271 y attitude during the 2010 discussion, Dunn has failed to show a specific link between the Board’s attitude and its decision to nonrenew his contract. After all, not only was there an almost two-year gap between the Board’s 2010 discussion and the 2012 nonrenewal, but the Board rehired Dunn twice during this period despite him being at least sixty years old. Given these circumstances, any link between the 2010 discussion and the 2012 nonrenewal is too attenuated to constitute direct evidence. See Bone, 686 F.3d at 954 (<HOLDING>); Haigh v. Gelita USA, Inc., 632 F.3d 464, 470 
 Holding statements: (A) holding that in order to raise prejudicial comments of trial court on appeal defendant must object to comments when made and move for a mistrial (B) holding that a supervisors repeated comments to an employee that the supervisor wanted to have sex with the employees fifteenyearold daughter were extremely severe because the comments were significantly more offensive than the typical crass comments we have found to be insufficient to constitute harassment in other cases (C) holding that comments relating to age made some three to fifteen or more years prior to plaintiffs discharge were not relevant to show that he was fired because of his age (D) holding that comments made at least four months before the adverse employment action were not connected to the decisionmaking process and thus were not direct evidence of age discrimination (E) holding that supervisors reactions to comments did not constitute direct evidence of age discrimination where comments were made six months prior to plaintiffs discharge and were unconnected to the discharge decision

SOLUTION: (E)

PROBLEM: See Sanabria v. United States, 437 U.S. 54, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978);, 5 LaFave, Israel, & King, Criminal Procedure § 25.3(c) (West 1999). A finding of insufficient evidence is equivalent to an acquittal for the purposes of double jeopardy. Richardson v. United States, 468 U.S. 317, 325-26, 104 S.Ct. 3081, 82 L.Ed.2d 242 (1984). 3 . An exception to this bar is when the conviction is overturned on appeal. Ball v. United States, 163 U.S. 662, 16 S.Ct. 1192, 41 L.Ed. 300 (1896); United States v. Tateo, 377 U.S. 463, 466, 84 S.Ct. 1587, 12 L.Ed.2d 448 (1964). 4 . The Double Jeopardy Clause applies to both individuals and corporations. United States v. Martin Linen Supply Co., 430 U.S. 564, 97 S.Ct. 1349, 51 L.Ed.2d 642 (1977). 5 . Compare Brown, 432 U.S. at 169, 97 S.Ct. 2221 (<HOLDING>) with Ciucci v. Illinois, 356 U.S. 571, 78 
 Holding statements: (A) holding that a bargainedfor plea waives the right to attack multiple convictions on double jeopardy grounds (B) holding that the prosecution cannot divide a single crime into multiple units to avoid double jeopardy (C) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (D) holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver (E) holding the first question for purposes of a double jeopardy analysis is whether congress expressed its intent concerning multiple convictions at a single trial for different statutory violations arising from the same act or transaction

SOLUTION: (B)

PROBLEM: F.2d at 453 (emphasis added) (citation omitted). This Court held similarly in Hooker Chemicals & Plastics Corp. v. Train, That no plant in a given industry has adopted a pollution control device which could be installed does not mean that that device is not “available.” Congress did not intend to permit continuance of pollution by industries which have failed to cope with and attempt to solve the problem of polluted water. 537 F.2d 620, 636 (2d Cir.1976); see also Cal. & Hawaiian Sugar Co. v. EPA, 553 F.2d 280, 286 (2d Cir.1977) (technology used “ ‘in other industries with similar raw waste characteristics’ ” was “available” (quoting Liquid and Crystalline Cane Sugar Refining Subcategory, 39 Fed.Reg. 10,522, 10,522 (1974))); Am. Petrol. Inst. v. EPA, 858 F.2d 261, 264-65 (5th Cir.1988) (<HOLDING>). For a technology in one industry to be 
 Holding statements: (A) recognizing mackey is not consistent with our decision in wood v national basketball assn (B) holding that a determination of residual functional capacity must include a discussion of why reported daily activity restrictions are or are not reasonably consistent with the medical evidence  quoting avery 797 f2d at 29 (C) holding that the interpretation of statutory language should be consistent with the legislatures purpose and intent (D) holding that a process can be deemed available even if it is not in use at all because such an outcome is consistent with congress intent to push pollution control technology  quoting assn of pac fisheries v epa 615 f2d 794 816 9th cir1980 weyerhaeuser co v costle 590 f2d 1011 1061 dccir1978 (E) holding that it is not

SOLUTION:
(D)