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.

Input: Consider Input: denial of the conversation with Fultz appears for the first time in the form of an affidavit, completed one day before her response to Lockheed’s motion for summary judgment and four months after the deposition. In evaluating whether an employee has been disciplined or terminated “because of’ a protected trait, we must “look at the facts as. they appear to the person making the decision.” Kendrick, 220 F.3d at 1231; Bullington v. United Air Lines, Inc., 186 F.3d 1301, 1318 (10th Cir.1999) (noting that “[t]he relevant inquiry is not whether [the employer’s] proffered reasons were wise, fair or correct, but whether [the employer] honestly believed those reasons and acted in good faith upon those beliefs.”); see also McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1129 (10th Cir.1998) (<HOLDING>). Before issuing the reprimand, Dixon informed 
 Holding statements: (A) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (B) 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 (C) holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment (D) holding that a plaintiff failed to state a claim based on conclusory allegations that a locality failed to adequately supervise officers in the proper use of force where the complaint provided no factual allegations of known widespread conduct by the localitys employees comparable to that alleged as to the plaintiff (E) holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant

Output: (A)


Input: Consider Input: to obtain the benefit of the bond, for which it paid a significant premium, only through legal action. Accordingly, Olympic Steamship applies here. Colorado Structures, 125 Wn. App. at 928 (emphasis added) (footnote omitted). We agree. ¶27 Lastly, in McGreevy, where this court awarded reasonable attorney fees in addition to the limits of the insurance policy, we reasoned, “when an insurer unsuccessfully contests coverage, it has placed its interests above the insured. Our decision in Olympic Steamship remedies this inequity by requiring that the insured be made whole.” McGreevy, 128 Wn.2d at 39-40. Likewise, West placed “its interests” above that of Structures. Id. Structures should be awarded attorney fees under Olympic Steamship, so as to be made “whole.” Dayton, 124 Wn.2d at 280 (<HOLDING>)- Without the application of Olympic Steamship 
 Holding statements: (A) holding the contract was not authorized by law (B) recognizing that under georgia law attorneys fees are allowed where authorized by statute or contract (C) holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case (D) holding that an award of attorney fees was authorized by ocga  13111 a 3 when the requirements of that statute were satisfied (E) holding that a court has power to award attorney fees when authorized by contract statute or recognized ground of equity

Output: (E)


Input: Consider Input: provides: (d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule. Fla. R. Civ. P. 1.442(d) (emphasis added). Section 768.79(3) provides: (3) The offer shall be served upon the party to whom it is made, but it shall not be filed unless it is accepted or unless filing is necessary to enforce the provisions of this section. § 768.79(3), Fla. Stat. (2004) (emphasis added). The offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees and are, therefore, strictly construed. Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 277 (Fla.2003); see Major League Baseball v. Morsani, 790 So.2d 1071, 1077-78 (Fla.2001) (<HOLDING>); Dade County v. Pena, 664 So.2d 959, 960 
 Holding statements: (A) holding that in presence of any doubt a penal statute is to be strictly construed (B) holding that sjection 76879 and rule 1442 are strictly construed because they are in derogation of the common law rule that each party pay their own fees  (C) holding that a statute enacted in derogation of the common law must be strictly construed   (D) holding that if a statute is in derogation of a common law right it must be strictly construed and not extended in application beyond clear legislative intent (E) holding  2513 to be jurisdictional and therefore must be strictly construed


Output: (C)