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. 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.
PROBLEM: is tied to the challenged retaliatory act, not the' underlying conduct that forms the basis of the Title VII complaint”). 1. Basic Contributor Rating LMC does not dispute that a basic contributor rating is an adverse employment action and that the action took place after Dr. Chawla’s August 2, 2011 and September 22, 2011 complaints. On September. 29, 2011, Mr. Hooker was notified that he was the subject of an investigation of Dr. Chawla’s complaints. Docket No. 37-2 at 5. However, Dr. Chawla does not contest that Mr. Nichols had a role in assigning the basic contributor rating and identified no specific facts upon which to conclude that Mr. Nichols was aware of Dr. Chawla’s prior complaints of discrimi nation. See Hinds v. Sprint/United Mgm’t Co., 523 F.3d 1187, 1203 (10th Cir.2008) (<HOLDING>). Dr. Chawla also does not attack the stated 
 Holding statements: (A) holding that in order to show a causal connection plaintiff must present evidence from which a reasonable factfinder could conclude that those who decided to fire him had knowledge of his protected activity (B) holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity (C) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury (D) holding that the plaintiff failed to show retaliation where there was no evidence that the employees who disciplined him knew of his protected activity (E) holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection

SOLUTION: holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity

PROBLEM: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date.” Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep’t 2008)). I agree with Judge Weinstein’s well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even 
 Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed

SOLUTION: holding that mandatory arbitration agreements in the employment context fall under the faa

PROBLEM: the reasons for the plaintiffs failure to obtain the action or for not making the effort. Addressing the identical federal rule, the Supreme Court has stated that “[o]n its face, Rule 23.1 speaks only to the adequacy of the shareholder representatives pleadings.” Kamen, supra, 500 U.S. at 96, 111 S.Ct. 1711. The rule itself does not create a demand requirement. Id. “[T]he function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly is a matter of ‘substance, not procedure.’ ” Id. at 96-97, 111 S.Ct. 1711 (quoting Daily Income Fund, supra, 464 U.S. at 543-44 & n. 2, 104 S.Ct. 831 (1984) (Stevens, J., concurring in judgment) (other citations omitted)); see also Bazata, supra, 400 A.2d at 316 (<HOLDING>). Thus, the demand requirement or its futility 
 Holding statements: (A) holding that an antitrust injury is a necessary element of a  2 claim (B) holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim (C) holding that reasonable reliance is not an element of the defense (D) holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served (E) holding the connection is an element

SOLUTION:
holding that an antitrust injury is a necessary element of a  2 claim