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.

[EX Q]: hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision” in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party’s failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial” and reasoned that "Unitherm is inapposite” to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal.” 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ’g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441, 
 Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that  825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla  2615a1  and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions  violates  the act is  a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla
[EX A]: holding that employers oral denial of plaintiffs request for fmla leave showed interference

[EX Q]: 45 U.S.C. § 56, and 46 U.S.C. § 30106, are essentially identical, stating that the action must be “commenced” or “brought” within the three year period. The Supreme Court in Burnett specifically found that the state court suit had been properly “commenced” although it was filed in an improper venue. 380 U.S. at 426, 85 S.Ct. at 1053. Furthermore, because the principle of uniformity that drove the Burnett decision applies with equal force to a general maritime action, other courts have correctly held that Burnett applies in general maritime cases. See, e.g., Prejean, 721 So.2d at 1276 (citing 1 Martin J. Norris, The Law of Maritime Personal Injuries § 5:10 (4th ed.1990)); Davis, 659 F.Supp. at 156-157; People of the Living God v. Star Towing Co., 289 F.Supp. 635, 639 (E.D.La.1968) (<HOLDING>). Defendant’s second argument for distinction 
 Holding statements: (A) holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries (B) holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions (C) holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction (D) holding that burnett and its justification of uniformity is equally applicable to admiralty actions (E) holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures
[EX A]: holding that feres doctrine is equally applicable to family member claims derivative of a service members injuries

[EX Q]: abused its discretion by providing an unreasonable characterization of the record evidence. See McElwee, 896 A.2d at 18 & nn. 7-8. While SEPTA claims that this, too, necessarily entailed unwarranted fact-finding on the part of the Commonwealth Court, we believe that it aligns with the approach utilized in Sienkiewicz I, wherein this Court not only determined that no record evidence existed to support a particular factual finding central to the trial court’s decision to grant relief (i.e., that Penn-DOT had installed curbing along the “Stafford Straightaway”), but proceeded to delineate the essential facts that were proved by the uncontradicted record evidence in ultimately agreeing with Penn-DOT’s position that relief was unjustified. See Sienkiewicz I, 584 Pa. at 282, 883 A.2d at 502 (<HOLDING>). Under the circumstances of this case, then, 
 Holding statements: (A) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (B) holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property (C) recognizing distinction and allowing recovery for impairment of access and not obstructed flow of traffic (D) holding that the landownerlicensee relationship ceased when the licensee left the landowners property (E) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking
[EX A]:
holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property